THE MENTAL HEALTHCARE ACT, 2017 
_________ 

ARRANGEMENT OF SECTIONS 
________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS 

3.  Determination of mental illness. 
4.  Capacity to make mental healthcare and treatment decisions. 

CHAPTER III 

ADVANCE DIRECTIVE 

5.  Advance directive. 
6.  Manner of making advance directive. 
7.  Maintenance of online register. 
8.  Revocation, amendment or cancellation of advance directive. 
9.  Advance directive not to apply to emergency treatment. 
10.  Duty to follow advance directive. 
11.  Power to review, alter, modify or cancel advance directive. 
12.  Review of advance directives. 
13.  Liability of medical health professional in relation to advance directive. 

CHAPTER IV 
NOMINATED REPRESENTATIVE 

14.  Appointment and revocation of nominated representative. 
15.  Nominated representative of minor. 
16.  Revocation, alteration, etc., of nominated representative by Board. 
17.  Duties of nominated representative. 

CHAPTER V 

RIGHTS OF PERSONS WITH MENTAL ILLNESS 

18.  Right to access mental healthcare. 
19.  Right to community living. 
20.  Right to protection from cruel, inhuman and degrading treatment. 
21.  Right to equality and non-discrimination. 
22.  Right to information. 
23.  Right to confidentiality. 
24.  Restriction on release of information in respect of mental illness. 
25.  Right to access medical records. 
26.  Right to personal contacts and communication. 
27.  Right to legal aid. 
28.  Right to make complaints about deficiencies in provision of services. 

CHAPTER VI 

DUTIES OF APPROPRIATE GOVERNMENT 

29.  Promotion of mental health and preventive programmes. 

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SECTIONS 

30.  Creating awareness about mental health and illness and reducing stigma associated with mental 

illness. 

31.  Appropriate Government to take measures as regard to human resource development and 

training, etc. 

32.  Co-ordination within appropriate Government. 

CHAPTER VII 
CENTRAL MENTAL HEALTH AUTHORITY 

33.  Establishment of Central Authority. 
34.  Composition of Central Authority. 
35.  Term of office, salaries and allowances of chairperson and members. 
36.  Resignation. 
37.  Filling of vacancies. 
38.  Vacancies, etc., not to invalidate proceedings of Central Authority. 
39.  Member not to participate in meetings in certain cases. 
40.  Officers and other employees of Central Authority. 
41.  Functions of chief executive officer of Central Authority. 
42.  Transfer of assets, liabilities of Central Authority. 
43.  Functions of Central Authority. 
44.  Meetings of Central Authority. 

CHAPTER VIII 
STATE MENTAL HEALTH AUTHORITY 

45.  Establishment of State Authority. 
46.  Composition of State Authority. 
47.  Term of office, salaries and allowances of chairperson and other members. 
48.  Resignation. 
49.  Filling of vacancies. 
50.  Vacancies, etc., not to invalidate proceedings of State Authority. 
51.  Member not to participate in meetings in certain cases. 
52.  Officers and other employees of State Authority. 
53.  Functions of chief executive officer of State Authority. 
54.  Transfer of assets, liabilities of State Authority. 
55.  Functions of State Authority. 
56.  Meetings of State Authority. 

CHAPTER IX 
FINANCE, ACCOUNTS AND AUDIT 

57.  Grants by Central Government to Central Authority. 
58.  Central Mental Health Authority Fund. 
59.  Accounts and audit of Central Authority. 
60.  Annual report of Central Authority. 
61.  Grants by State Government. 
62.  State Mental Health Authority Fund. 
63.  Accounts and audit of State Authority. 
64.  Annual report of State Authority. 

CHAPTER X 
MENTAL HEALTH ESTABLISHMENTS 

65.  Registration of mental health establishment. 
66.  Procedure for registration, inspection and inquiry of mental health establishments. 
67.  Audit of mental health establishment. 
68.  Inspection and inquiry. 

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SECTIONS 

69.  Appeal to High Court against order of Authority. 
70.  Certificates, fees and register of mental health establishments. 
71.  Maintenance of register of mental health establishment in digital format. 
72.  Duty of mental health establishment to display information. 

CHAPTER XI 
MENTAL HEALTH REVIEW BOARDS 

73.  Constitution of Mental Health Review Boards. 
74.  Composition of Board. 
75.  Terms and conditions of service of chairperson and members of Board. 
76.  Decisions of Authority and Board. 
77.  Applications to Board. 
78.  Proceedings before Board to be judicial proceedings.  
79.  Meetings. 
80.  Proceedings before Board. 
81.  Central Authority to appoint Expert Committee to prepare guidance document. 
82.  Powers and functions of Board. 
83.  Appeal to High Court against order of Authority or Board. 
84.  Grants by Central Government. 

CHAPTER XII 
ADMISSION, TREATMENT AND DISCHARGE 
85.  Admission of person with mental illness as independent patient in mental health establishment. 
86.  Independent admission and treatment. 
87.  Admission of minor. 
88.  Discharge of independent patients. 
89.  Admission  and  treatment  of  persons  with  mental  illness,  with  high  support  needs,  in  mental 

health establishment, up to thirty days (supported admission).  

90.  Admission  and  treatment  of  persons  with  mental  illness,  with  high  support  needs,  in  mental 

health establishment, beyond thirty days (supported admission beyond thirty days). 

91.  Leave of absence. 
92.  Absence without leave or discharge. 
93.  Transfer of persons with mental illness from one mental health establishment to another mental 

health establishment. 
94.  Emergency treatment. 
95.  Prohibited procedures. 
96.  Restriction on psychosurgery for persons with mental illness. 
97.  Restraints and seclusion. 
98.  Discharge planning. 
99.  Research. 

CHAPTER XIII 
RESPONSIBILITIES OF OTHER AGENCIES 

100.  Duties of police officers in respect of persons with mental illness. 
101.  Report  to  Magistrate  of  person  with  mental  illness  in  private  residence  who  is  ill-treated  or 

neglected. 

102.  Conveying  or  admitting  person  with  mental  illness  to  mental  health  establishment  by 

Magistrate. 

103.  Prisoners with mental illness. 
104.  Persons in custodial institutions. 
105.  Question of mental illness in judicial process. 

CHAPTER XIV 

RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION 

106.  Restriction to discharge functions by professionals not covered by profession. 

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CHAPTER XV 

OFFENCES AND PENALTIES 

SECTIONS 

107. Penalties  for  establishing  or  maintaining  mental  health  establishment  in  contravention  of   

provisions of this Act. 

108.  Punishment for contravention of provisions of the Act or rules or regulations made thereunder. 
109.  Offences by companies. 

CHAPTER XVI 
MISCELLANEOUS 

110.  Power to call for information. 
111.  Power of Central Government to issue directions 
112.  Power of Central Government to supersede Central Authority. 
113.  Power of State Government to supersede State Authority. 
114.  Special provisions for States in north-east and hill States. 
115.  Presumption of severe stress in case of attempt to commit suicide. 
116.  Bar of jurisdiction. 
117.  Transitory provisions. 
118.  Chairperson, members and staff of Authority and Board to be public servants. 
119.  Protection of action taken in good faith. 
120.  Act to have overriding effect. 
121.  Power of Central Government and State Governments to make rules. 
122.  Power of Central Authority to make regulations. 
123.  Power of State Authority to make regulations. 
124.  Laying of rules and regulations. 
125.  Power to remove difficulties. 
126.  Repeal and saving. 

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THE MENTAL HEALTHCARE ACT, 2017 

ACT NO. 10 OF 2017 

[7th April, 2017.] 

An  Act  to  provide  for  mental  healthcare  and  services  for  persons  with  mental  illness  and  to 
protect,  promote  and  fulfil  the  rights  of  such  persons  during  delivery  of  mental  healthcare 
and services and for matters connected therewith or incidental thereto. 

WHEREAS the Convention on Rights of Persons with Disabilities and its Optional Protocol was adopted 

on  the  13th  December,  2006  at  United  Nations  Headquarters  in  New  York  and  came  into  force  on  the           
3rd May, 2008; 

AND WHEREAS India has signed and ratified the said Convention on the 1st day of October, 2007; 

AND WHEREAS it is necessary to align and harmonise the existing laws with the said Convention. 

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—  

CHAPTER I 

PRELIMINARY 

1.  Short title, extent and commencement.—(1) This Act may be called the Mental Healthcare Act, 

2017. 

(2) It shall extend to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1 as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint; or on the date of completion of the period of nine months from the date on 
which the Mental Healthcare Act, 2017 receives the assent of the President. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,—  

(a) “advance directive” means an advance directive made by a person under section 5; 

(b) “appropriate Government” means,—  

(i) in relation to a mental health establishment established, owned or controlled by the Central 
Government  or  the  Administrator  of  a  Union  territory  having  no  legislature,  the  Central 
Government; 

(ii)  in  relation  to  a  mental  health  establishment,  other  than  an  establishment  referred  to  in         

sub-clause (i), established, owned or controlled within the territory of— 

(A) a State, the State Government; 

(B) a Union territory having legislature, the Government of that Union territory; 

(c) “Authority” means the Central Mental Health Authority or the State Mental Health Authority, 

as the case may be; 

(d)  “Board”  means  the  Mental  Health  Review  Board  constituted  by  the  State  Authority  under                

sub-section (1) of section 80 in such manner as may be prescribed; 

(e) “care-giver” means a person who resides with a person with mental illness and is responsible for 
providing  care  to  that  person  and  includes  a  relative  or  any  other  person  who  performs  this  function, 
either free or with remuneration; 

(f)  “Central  Authority”  means  the  Central  Mental  Health  Authority  constituted  under                        

section 33; 

1. 29th May, 2018, vide Notification No. S.O. 2173(E), dated 29th May 2018, see Gazette of India, Extraordinary, 

Part II, sec. 3(ii). 

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(g) “clinical psychologist” means a person— 

(i)  having  a  recognised  qualification  in  Clinical  Psychology  from  an  institution  approved  and 
recognised, by the Rehabilitation Council of India, constituted under section 3 of the Rehabilitation 
Council of India Act, 1992 (34 of 1992); or 

(ii) having a Post-Graduate degree in Psychology or Clinical Psychology or Applied Psychology 
and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology obtained after 
completion of a full time course of two years which includes supervised clinical training from any 
University recognised by the University Grants Commission established under the University Grants 
Commission Act, 1956 (3 of 1956) and approved and recognised by the Rehabilitation Council of 
India Act, 1992 (34 of 1992) or such recognised qualifications as may be prescribed; 
(h) “family” means a group of persons related by blood, adoption or marriage; 
(i)  “informed  consent”  means  consent  given  for  a  specific  intervention,  without  any  force,  undue 
influence, fraud, threat, mistake or misrepresentation, and obtained after disclosing to a person adequate 
information including risks and benefits of, and alternatives to, the specific intervention in a language 
and manner understood by the person; 

(j)  “least  restrictive  alternative”  or  “least  restrictive  environment”  or  “less  restrictive  option” 

means offering an option for treatment or a setting for treatment which— 

(i) meets the person's treatment needs; and 
(ii) imposes the least restriction on the person's rights; 

(k)  “local  authority”  means  a  Municipal  Corporation  or  Municipal  Council,  or  Zilla  Parishad,  or 
Nagar  Panchayat,  or  Panchayat,  by  whatever  name  called,  and  includes  such  other  authority  or  body 
having administrative control over the mental health establishment or empowered under any law for the 
time being in force, to function as a local authority in any city or town or village; 

(l) “Magistrate” means— 

(i) in relation to a metropolitan area within the meaning of clause (k) of section 2 of the Code of 

Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate; 

(ii) in relation to any other area, the Chief Judicial Magistrate, Sub-divisional Judicial Magistrate 
or  such  other  Judicial  Magistrate  of  the  first  class  as  the  State  Government  may,  by  notification, 
empower to perform the functions of a Magistrate under this Act; 
(m) “medical officer in charge” in relation to any mental health establishment means the psychiatrist 

or medical practitioner who, for the time being, is in charge of that mental health establishment; 

(n) “medical practitioner” means a person who possesses a recognised medical qualification— 

(i) as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), 
and  whose  name  has  been  entered  in  the  State  Medical  Register,  as  defined  in  clause  (k)  of  that 
section; or 

(ii) as defined in clause (h) of sub-section (1) of section 2 of the Indian Medicine Central Council 
Act, 1970 (48 of 1970), and whose name has been entered in a State Register of Indian Medicine, as 
defined in clause (j) of sub-section (1) of that section; or 

(iii) as defined in clause (g) of sub-section (1) of section 2 of the Homoeopathy Central Council 
Act, 1973 (59 of 1973), and whose name has been entered in a State Register of Homoeopathy, as 
defined in clause (i) of sub-section (1) of that section; 
(o) “Mental healthcare” includes analysis and diagnosis of a person's mental condition and treatment 

as well as care and rehabilitation of such person for his mental illness or suspected mental illness; 

(p)  “mental  health  establishment”  means  any  health establishment, including  Ayurveda,  Yoga and 
Naturopathy, Unani, Siddha and Homoeopathy establishment, by whatever name called, either wholly or 
partly, meant for the care of persons with mental illness, established, owned, controlled or maintained by 

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the appropriate Government, local authority, trust, whether private or public, corporation, co-operative 
society, organisation or any other entity or person, where persons with mental illness are admitted and 
reside  at,  or  kept  in,  for  care,  treatment,  convalescence  and  rehabilitation,  either  temporarily  or 
otherwise; and includes any general hospital or general nursing home established or maintained by the 
appropriate  Government,  local  authority,  trust,  whether  private  or  public,  corporation,  co-operative 
society, organisation or any other entity or person; but does not include a family residential place where 
a person with mental illness resides with his relatives or friends; 

(q) “mental health nurse” means a person with a diploma or degree in general nursing or diploma or 
degree in psychiatric nursing recognised by the Nursing Council of India established under the Nursing 
Council of India Act, 1947 (38 of 1947) and registered as such with the relevant nursing council in the 
State; 

(r) “mental health professional” means— 

(i) a psychiatrist as defined in clause (x); or 

(ii) a professional registered with the concerned State Authority under section 55; or 

(iii)  a  professional  having  a  post-graduate  degree  (Ayurveda)  in  Mano  Vigyan  Avum  Manas 
Roga or a post-graduate degree (Homoeopathy) in Psychiatry or a post-graduate degree (Unani) in 
Moalijat (Nafasiyatt) or a post-graduate degree (Siddha) in Sirappu Maruthuvam; 

(s)  “mental  illness”  means  a  substantial  disorder  of  thinking,  mood,  perception,  orientation  or 
memory  that  grossly impairs judgment,  behaviour, capacity  to recognise reality or  ability  to  meet the 
ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not 
include  mental  retardation  which  is  a  condition  of  arrested  or  incomplete  development  of  mind  of  a 
person, specially characterised by sub normality of intelligence; 

(t) “minor” means a person who has not completed the age of eighteen years; 

(u)  “notification”  means  a  notification  published  in  the  Official  Gazette  and  the  expression  notify 

shall be construed accordingly; 

(v) “prescribed” means prescribed by rules made under this Act; 

(w)  “prisoner  with  mental  illness”  means  a  person  with  mental  illness  who  is  an  under-trial  or 

convicted of an offence and detained in a jail or prison; 

(x) “psychiatric social worker” means a person having a post-graduate degree in Social Work and a 
Master of Philosophy in Psychiatric Social Work obtained after completion of a full time course of two 
years  which  includes  supervised  clinical  training  from  any  University  recognised  by  the  University 
Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956) or such 
recognised qualifications, as may be prescribed; 

(y)  “psychiatrist”  means  a  medical  practitioner  possessing  a  post-graduate  degree  or  diploma  in 
psychiatry awarded by an university recognised by the University Grants Commission established under 
the  University  Grants  Commission  Act,  1956  (3  of  1956),  or  awarded  or  recognised  by  the  National 
Board  of  Examinations  and  included  in  the  First  Schedule  to  the  Indian  Medical  Council  Act,  1956        
(102  of  1956),  or  recognised  by  the  Medical  Council  of  India,  constituted  under  the  Indian  Medical 
Council Act, 1956 and includes, in relation to any State, any medical officer who having regard to his 
knowledge  and  experience  in  psychiatry,  has  been  declared  by  the  Government  of  that  State  to  be  a 
psychiatrist for the purposes of this Act; 

(z) “regulations” means regulations made under this Act; 

(za)  “relative”  means  any  person  related  to  the  person  with  mental  illness  by  blood,  marriage  or 

adoption; 

(zb) “State Authority” means the State Mental Health Authority established under section 45. 

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(2)  The  words  and  expressions  used  and  not  defined  in  this  Act  but  defined  in  the  Indian  Medical 
Council Act, 1956 (102 of 1956) or the Indian Medicine Central Council Act, 1970 (48 of 1970) and not 
inconsistent with this Act shall have the meanings respectively assigned to them in those Acts. 

CHAPTER II 

MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS 

3.  Determination  of mental illness.—(1) Mental illness shall be determined in accordance with such 
nationally  or  internationally  accepted  medical  standards  (including  the  latest  edition  of  the  International 
Classification of Disease of the World Health Organisation) as may be notified by the Central Government. 

(2) No person or authority shall classify a person as a person with mental illness, except for purposes 
directly relating to the treatment of the mental illness or in other matters as covered under this Act or any 
other law for the time being in force. 

(3) Mental illness of a person shall not be determined on the basis of,— 

(a) political, economic or social status or membership of a cultural, racial or religious group, or for 

any other reason not directly relevant to mental health status of the person; 

(b) non-conformity with moral, social, cultural, work or political values or religious beliefs prevailing 

in a person's community. 

(4) Past treatment or hospitalisation in a mental health establishment though relevant, shall not by itself 

justify any present or future determination of the person's mental illness. 

(5) The  determination  of a person's  mental illness shall  alone  not  imply  or  be taken to  mean that the 

person is of unsound mind unless he has been declared as such by a competent court. 

4.  Capacity  to  make  mental  healthcare  and  treatment  decisions.—(1)  Every  person,  including  a 
person  with  mental  illness  shall  be  deemed  to  have  capacity  to  make  decisions  regarding  his  mental 
healthcare or treatment if such person has ability to— 

(a) understand the information that is relevant to take a decision on the treatment or admission or 

personal assistance; or 

(b)  appreciate  any  reasonably  foreseeable  consequence  of  a  decision  or  lack  of  decision  on  the 

treatment or admission or personal assistance; or 

(c) communicate the decision under sub-clause (a) by means of speech, expression, gesture or any 

other means. 

(2)  The  information  referred  to  in  sub-section  (1)  shall  be  given  to  a  person  using  simple  language, 
which  such  person  understands  or  in  sign  language  or  visual  aids  or  any  other  means  to  enable  him  to 
understand the information. 

(3) Where a person makes a decision regarding his mental healthcare or treatment which is perceived by 
others as inappropriate or wrong, that by itself, shall not mean that the person does not have the capacity to 
make  mental  healthcare  or  treatment  decision,  so  long  as  the  person  has  the  capacity  to  make  mental 
healthcare or treatment decision under sub-section (1). 

CHAPTER III 

ADVANCE DIRECTIVE 

5.  Advance  directive.—(1) Every person, who is not a minor, shall have a right to make an advance 

directive in writing, specifying any or all of the following, namely:— 

(a) the way the person wishes to be cared for and treated for a mental illness; 

(b) the way the person wishes not to be cared for and treated for a mental illness; 

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(c)  the  individual  or  individuals,  in  order  of  precedence,  he  wants  to  appoint  as  his  nominated 

representative as provided under section 14. 

(2) An advance directive under sub-section (1) may be made by a person irrespective of his past mental 

illness or treatment for the same. 

(3) An advance directive made under sub-section (1), shall be invoked only when such person ceases to 
have capacity to make mental healthcare or treatment decisions and shall remain effective until such person 
regains capacity to make mental healthcare or treatment decisions. 

(4) Any decision made by a person while he has the capacity to make mental healthcare and treatment 

decisions shall over-ride any previously written advance directive by such person. 

(5) Any advance directive made contrary to any law for the time being in force shall be ab initio void. 

6. Manner of making advance directive.—An advance directive shall be made in the manner as may 

be specified by the regulations made by the Central Authority. 

7.  Maintenance  of  online  register.—Subject  to  the  provisions  contained  in  clause  (a)  of                     

sub-section  (1)  of  section  91,  every  Board  shall  maintain  an  online  register  of  all  advance  directives 
registered  with  it  and  make  them  available to  the  concerned  mental health  professionals  as  and  when 
required. 

8. Revocation, amendment or cancellation of advance directive.—(1) An advance directive made 

under section 6 may be revoked, amended or cancelled by the person who made it at any time. 

(2) The procedure for revoking, amending or cancelling an advance directive shall be the same as for 

making an advance directive under section 6. 

9.  Advance  directive  not  to  apply  to  emergency  treatment.—The  advance  directive  shall  not 

apply to the emergency treatment given under section 103 to a person who made the advance directive. 

10. Duty to follow advance directive.—It shall be the duty of every medical officer in charge of a 
mental  health  establishment  and  the  psychiatrist  in  charge  of  a  person's  treatment  to  propose  or  give 
treatment  to  a  person  with  mental  illness,  in  accordance  with  his  valid  advance  directive,  subject  to 
section 11. 

11.  Power  to  review,  alter,  modify  or  cancel  advance  directive.—(1)  Where  a  mental  health 
professional  or  a  relative  or  a care-giver  of  a  person desires  not  to  follow  an  advance  directive  while 
treating a person with mental illness, such mental health professional or the relative or the care-giver of 
the  person  shall  make  an  application  to  the  concerned  Board  to  review,  alter,  modify  or  cancel  the 
advance directive. 

(2) Upon receipt of the application under sub-section (1), the Board shall, after giving an opportunity 
of hearing to all concerned parties (including the person whose advance directive is in question), either 
uphold,  modify,  alter  or  cancel  the  advance  directive  after  taking  into  consideration  the  following, 
namely:— 

(a) whether the advance directive was made by the person out of his own free will and free from 

force, undue influence or coercion; or 

(b)  whether  the  person  intended  the  advance  directive  to  apply  to  the  present  circumstances, 

which may be different from those anticipated; or 

(c) whether the person was sufficiently well informed to make the decision; or 

(d)  whether  the  person  had  capacity  to  make  decisions  relating  to  his  mental  healthcare  or 

treatment when such advanced directive was made; or 

(e)  whether  the  content  of  the  advance  directive  is  contrary  to  other  laws  or  constitutional 

provisions. 

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(3) The person writing the advance directive and his nominated representative shall have a duty to 
ensure that the medical officer in charge of a mental health establishment or a medical practitioner or a 
mental health professional, as the case may be, has access to the advance directive when required. 

(4) The legal guardian shall have right to make an advance directive in writing in respect of a minor 
and all the provisions relating to advance directive, mutatis mutandis, shall apply to such minor till such 
time he attains majority. 

12.  Review  of  advance  directives.—(1)  The  Central  Authority  shall  regularly  and  periodically 

review the use of advance directives and make recommendations in respect thereof. 

(2) The Central Authority in its review under sub-section (1) shall give specific consideration to the 
procedure for making an advance directive and also examine whether the existing procedure protects the 
rights of persons with mental illness. 

(3)  The  Central  Authority  may  modify  the  procedure  for  making  an  advance  directive  or  make 
additional regulations regarding the procedure for advance directive to protect the rights of persons with 
mental illness. 

13.  Liability  of  medical  health  professional  in  relation  to  advance  directive.—(1)  A  medical 
practitioner or a mental health professional shall not be held liable for any unforeseen consequences on 
following a valid advance directive. 

(2) The medical practitioner or mental health professional shall not be held liable for not following a 

valid advance directive, if he has not been given a copy of the valid advance directive. 

CHAPTER IV 

NOMINATED REPRESENTATIVE 

14.  Appointment  and  revocation  of  nominated  representative.—(1)  Notwithstanding  anything 
contained  in  clause (c)  of sub-section  (1)  of  section 5,  every  person  who is  not  a  minor, shall have  a 
right to appoint a nominated representative. 

(2) The nomination under sub-section (1) shall be made in writing on plain paper with the person's 

signature or thumb impression of the person referred to in that sub-section. 

(3)  The  person  appointed  as  the  nominated  representative  shall  not  be  a  minor,  be  competent  to 
discharge  the  duties  or  perform  the functions  assigned  to  him  under this  Act,  and  give  his  consent in 
writing to the mental health professional to discharge his duties and perform the functions assigned to 
him under this Act. 

(4) Where no nominated representative is appointed by a person under sub-section (1), the following 
persons  for  the  purposes  of  this  Act  in  the  order  of  precedence  shall  be  deemed  to  be  the  nominated 
representative of a person with mental illness, namely:— 

(a)  the  individual  appointed  as  the  nominated  representative  in  the  advance  directive  under  

clause (c) of sub-section (1) of section 5; or 

(b) a relative, or if not available or not willing to be the nominated representative of such person; 

or 

(c)  a  care-giver,  or  if  not  available  or  not  willing  to  be  the  nominated  representative  of  such 

person; or 

(d) a suitable person appointed as such by the concerned Board; or 

(e) if no such person is available to be appointed as a nominated representative, the Board shall 
appoint  the  Director,  Department  of  Social  Welfare,  or  his  designated  representative,  as  the 
nominated representative of the person with mental illness: 

Provided that a person representing an organisation registered under the Societies Registration Act, 
1860 (21 of 1860) or any other law for the time being in force, working for persons with mental illness, 

10 

 
may temporarily be engaged by the mental health professional to discharge the duties of a nominated 
representative pending appointment of a nominated representative by the concerned Board. 

(5) The representative of the organisation, referred to in the proviso to sub-section (4), may make a 
written application to the medical officer in-charge of the mental health establishment or the psychiatrist 
in-charge of the person's treatment, and such medical officer or psychiatrist, as the case may be, shall 
accept  him  as  the  temporary  nominated  representative,  pending  appointment  of  a  nominated 
representative by the concerned Board. 

(6) A person who has appointed any person as his nominated representative under this section may 
revoke or alter such appointment at any time in accordance with the procedure laid down for making an 
appointment of nominated representative under sub-section (1). 

(7) The Board may, if it is of the opinion that it is in the interest of the person with mental illness to 
do so, revoke an appointment made by it under this section, and appoint a different representative under 
this section. 

(8) The appointment of a nominated representative, or the inability of a person with mental illness to 
appoint a nominated representative, shall not be construed as the lack of capacity of the person to take 
decisions about his mental healthcare or treatment. 

(9)  All  persons  with  mental  illness  shall  have  capacity  to  make  mental  healthcare  or  treatment 
decisions  but  may  require  varying  levels  of  support  from  their  nominated  representative  to  make 
decisions.  

15. Nominated representative of minor.—(1) Notwithstanding anything contained in section 14, in 
case of minors, the legal guardian shall be their nominated representative, unless the concerned Board 
orders otherwise under sub-section (2). 

(2) Where on an application made to the concerned Board, by a  mental health professional or any 
other person acting in the best interest of the minor, and on evidence presented before it, the concerned 
Board is of the opinion that,— 

(a) the legal guardian is not acting in the best interests of the minor; or 

(b) the legal guardian is otherwise not fit to act as the nominated representative of the minor,          

it may appoint, any suitable individual who is willing to act as such, the nominated representative of the 
minor with mental illness: 

Provided that in case no individual is available for appointment as a nominated representative, the 
Board shall appoint the Director in the Department of Social Welfare of the State in which such Board is 
located, or his nominee, as the nominated representative of the minor with mental illness. 

16.  Revocation,  alteration,  etc.,  of  nominated  representative  by  Board.—The  Board,  on  an 
application  made  to  it  by  the  person  with  mental  illness,  or  by  a  relative  of  such  person,  or  by  the 
psychiatrist responsible for the care of such person, or by the  medical officer in-charge of the  mental 
health establishment where the individual is admitted or proposed to be admitted, may revoke, alter or 
modify  the  order  made  under  clause  (e)  of  sub-section  (4)  of  section  14  or  under  sub-section  (2)  of 
section 15. 

17. Duties of nominated representative.—While fulfilling his duties under this Act, the nominated 

representative shall— 

(a) consider the current and past wishes, the life history, values, cultural background and the best 

interests of the person with mental illness; 

(b) give particular credence to the views of the person with mental illness to the extent that the 

person understands the nature of the decisions under consideration; 

(c)  provide  support  to  the  person  with  mental  illness  in  making  treatment  decisions  under            

section 89 or section 90; 

11 

 
(d) have right to seek information on diagnosis and treatment to provide adequate support to the 

person with mental illness; 

(e) have access to the family or home based rehabilitation services as provided under clause (c) of 

sub-section (4) of section 18 on behalf of and for the benefit of the person with mental illness; 

(f) be involved in discharge planning under section 98; 

(g)  apply  to  the  mental  health  establishment  for  admission  under  section  87  or  section  89  or 

section 90; 

(h) apply to the concerned Board on behalf of the person with mental illness for discharge under 

section 87 or section 89 or section 90; 

(i) apply to the concerned Board against violation of rights of the person with mental illness in a 

mental health establishment; 

(j) appoint a suitable attendant under sub-section (5) or sub-section (6) of section 87; 

(k) have the right to give or withhold consent for research under circumstances mentioned under 

sub-section (3) of section 99. 

CHAPTER V 

RIGHTS OF PERSONS WITH MENTAL ILLNESS 

18.  Right  to  access  mental  healthcare.—(1)  Every  person  shall  have  a  right  to  access  mental 

healthcare and treatment from mental health services run or funded by the appropriate Government. 

(2)  The  right  to  access  mental  healthcare  and  treatment  shall  mean  mental  health  services  of 
affordable  cost,  of  good  quality,  available  in  sufficient  quantity,  accessible  geographically,  without 
discrimination on the basis of gender, sex, sexual orientation, religion, culture, caste, social or political 
beliefs, class, disability or any other basis and provided in a manner that is acceptable to persons with 
mental illness and their families and care-givers. 

(3) The appropriate Government shall make sufficient provision as may be necessary, for a range of 

services required by persons with mental illness. 

(4) Without prejudice to the generality of range of services under sub-section (3), such services shall 

include— 

(a) provision of acute mental healthcare services such as outpatient and inpatient services; 

(b) provision of half-way homes, sheltered accommodation, supported accommodation as may be 

prescribed; 

(c) provision for mental health services to support family of person with mental illness or home 

based rehabilitation; 

(d)  hospital  and  community  based  rehabilitation  establishments  and  services  as  may  be 

prescribed; 

(e) provision for child mental health services and old age mental health services. 

(5) The appropriate Government shall,— 

(a)  integrate  mental  health  services  into  general  healthcare  services  at  all  levels of  healthcare 
including  primary,  secondary  and  tertiary  healthcare  and  in  all  health  programmes  run  by  the 
appropriate Government; 

(b)  provide  treatment  in  a  manner,  which  supports  persons  with  mental  illness  to  live  in  the 

community and with their families; 

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(c) ensure that the long term care in a mental health establishment for treatment of mental illness 
shall be used only in exceptional circumstances, for as short a duration as possible, and only as a last 
resort when appropriate community based treatment has been tried and shown to have failed; 

(d)  ensure  that  no  person  with  mental  illness  (including  children  and  older  persons)  shall  be 
required to travel long distances to access mental health services and such services shall be available 
close to a place where a person with mental illness resides; 

(e)  ensure  that  as  a  minimum,  mental  health  services  run  or  funded  by  Government  shall  be 

available in each district; 

(f) ensure, if minimum mental health services specified under sub-clause (e) of sub-section (4) are 
not available in the district where a person with mental illness resides, that the person with mental 
illness is entitled to access any other mental health service in the district and the costs of treatment at 
such establishments in that district will be borne by the appropriate Government: 

Provided  that  till  such  time  the  services  under  this  sub-section  are  made  available  in  a  health 
establishment  run  or  funded  by  the  appropriate  Government,  the  appropriate  Government  shall  make 
rules regarding reimbursement of costs of treatment at such mental health establishment. 

(6) The appropriate Government shall make available a range of appropriate mental health services 
specified under sub-section (4) of section 18 at all general hospitals run or funded by such Government 
and basic and emergency mental healthcare services shall be available at all community health centres 
and upwards in the public health system run or funded by such Government. 

(7) Persons with mental illness living below the poverty line whether or not in possession of a below 
poverty  line  card,  or  who  are  destitute  or  homeless  shall  be  entitled  to  mental  health  treatment  and 
services free of any charge and at no financial cost at all mental health establishments run or funded by 
the appropriate Government and at other mental health establishments designated by it. 

(8) The appropriate Government shall ensure that the mental health services shall be of equal quality 
to other general health services and no discrimination be made in quality of services provided to persons 
with mental illness. 

(9)  The  minimum  quality  standards  of  mental  health  services  shall  be  as  specified  by  regulations 

made by the State Authority. 

(10) Without prejudice to the generality of range of services under sub-section (3) of section 18, the 
appropriate Government shall notify Essential Drug List and all medicines on the Essential Drug List 
shall  be  made  available  free  of  cost  to  all  persons  with  mental  illness  at  all  times  at  health 
establishments run or funded by the appropriate Government starting from Community Health Centres 
and upwards in the public health system: 

Provided  that  where  the  health  professional  of  ayurveda,  yoga,  unani,  siddha,  homoeopathy  or 
naturopathy systems recognised by the Central Government are available in any health establishment, 
the essential medicines from any similar list relating to the appropriate ayurveda, yoga, unani, siddha, 
homoeopathy or naturopathy systems shall also be made available free of cost to all persons with mental 
illness. 

(11) The appropriate Government shall take measures to ensure that necessary budgetary provisions 
in  terms  of  adequacy,  priority,  progress  and  equity  are  made  for  effective  implementation  of  the 
provisions of this section. 

Explanation.—For the purposes of sub-section (11), the expressions— 

(i) “adequacy” means in terms of how much is enough to offset inflation; 

(ii) “priority” means in terms of compared to other budget heads; 

(iii) “equity” means in terms of fair allocation of resources taking into account the health, social 
and economic burden of mental illness on individuals, their families and care-givers; 

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(iv) “progress” means in terms of indicating an improvement in the State's response. 

19. Right to community living.—(1) Every person with mental illness shall,— 

(a) have a right to live in, be part of and not be segregated from society; and 

(b) not continue to remain in a mental health establishment  merely because he does not have a 
family  or  is  not  accepted  by  his  family  or  is  homeless  or  due  to  absence  of  community  based 
facilities. 

(2) Where it is not possible for a mentally ill person to live with his family or relatives, or where a 
mentally  ill  person  has  been  abandoned  by  his  family  or  relatives,  the  appropriate  Government  shall 
provide support as appropriate including legal aid and to facilitate exercising his right to family home 
and living in the family home. 

(3)  The  appropriate  Government  shall,  within  a  reasonable  period,  provide  for  or  support  the 
establishment  of  less  restrictive  community  based  establishments  including  half-way  homes,  group 
homes  and  the  like  for  persons  who  no  longer  require  treatment  in  more  restrictive  mental  health 
establishments such as long stay mental hospitals. 

20. Right to protection from cruel, inhuman and degrading treatment.—(1) Every person with 

mental illness shall have a right to live with dignity. 

(2) Every person with mental illness shall be protected from cruel, inhuman or degrading treatment 

in any mental health establishment and shall have the following rights, namely:— 

(a) to live in safe and hygienic environment; 

(b) to have adequate sanitary conditions; 

(c) to have reasonable facilities for leisure, recreation, education and religious practices; 

(d) to privacy; 

(e)  for  proper  clothing  so  as  to  protect  such  person  from  exposure  of  his  body  to  maintain  his 

dignity; 

(f) to not be forced to undertake work in a mental health establishment and to receive appropriate 

remuneration for work when undertaken; 

(g) to have adequate provision for preparing for living in the community; 

(h)  to  have  adequate  provision  for  wholesome  food,  sanitation,  space  and  access  to  articles  of 
personal  hygiene,  in  particular,  women's  personal  hygiene  be  adequately  addressed  by  providing 
access to items that may be required during menstruation; 

(i) to not be subject to compulsory tonsuring (shaving of head hair); 

(j) to wear own personal clothes if so wished and to not be forced to wear uniforms provided by 

the establishment; and 

(k) to be protected from all forms of physical, verbal, emotional and sexual abuse. 

21. Right to equality and non-discrimination.—(1) Every person with mental illness shall be treated 
as equal to persons with physical illness in the provision of all healthcare which shall include the following, 
namely:— 

(a) there shall be no discrimination on any basis including gender, sex, sexual orientation, religion, 

culture, caste, social or political beliefs, class or disability; 

(b) emergency facilities and emergency services for mental illness shall be of the same quality and 

availability as those provided to persons with physical illness; 

(c) persons with mental illness shall be entitled to the use of ambulance services in the same manner, 

extent and quality as provided to persons with physical illness; 

14 

 
(d)  living  conditions  in  health  establishments  shall  be  of  the  same  manner,  extent  and  quality  as 

provided to persons with physical illness; and 

(e)  any  other  health  services  provided  to  persons  with  physical  illness  shall  be  provided  in  same 

manner, extent and quality to persons with mental illness. 

(2)  A  child  under  the  age  of  three  years  of  a  woman  receiving  care,  treatment  or  rehabilitation  at  a 
mental health establishment shall ordinarily not be separated from her during her stay in such establishment: 

Provided that where the treating Psychiatrist, based on his examination of the woman, and if appropriate, 
on information provided by others, is of the opinion that there is risk of harm to the child from the woman 
due  to  her  mental  illness  or  it  is  in  the  interest  and  safety  of  the  child,  the  child  shall  be  temporarily 
separated from the woman during her stay at the mental health establishment: 

Provided further that the woman shall continue to have access to the child under such supervision of the 

staff of the establishment or her family, as may be appropriate, during the period of separation. 

(3) The decision to separate the woman from her child shall be reviewed every fifteen days during the 
woman's stay in the mental health establishment and separation shall be terminated as soon as conditions 
which required the separation no longer exist: 

Provided  that  any  separation  permitted  as  per  the  assessment  of  a  mental  health  professional,  if  it 

exceeds thirty days at a stretch, shall be required to be approved by the respective Authority. 

(4) Every insurer shall make provision for medical insurance for treatment of mental illness on the same 

basis as is available for treatment of physical illness. 

22.  Right  to  information.—(1)  A  person  with  mental  illness  and  his  nominated  representative  shall 

have the rights to the following information, namely:— 

(a) the provision of this Act or any other law for the time being in force under which he has been 

admitted, if he is being admitted, and the criteria for admission under that provision; 

(b) of his right to make an application to the concerned Board for a review of the admission; 

(c)  the  nature  of  the  person's  mental  illness  and  the  proposed  treatment  plan  which  includes 

information about treatment proposed and the known side effects of the proposed treatment; 

(d) receive the information in a language and form that such person receiving the information can 

understand. 

(2) In case complete information cannot be given to the person with mental illness at the time of the 
admission or the start of treatment, it shall be the duty of the medical officer or psychiatrist in-charge of the 
person's care to ensure that  full information is  provided promptly  when the  individual is in a position  to 
receive it: 

Provided that where the information has not been given to the person with mental illness at the time of 
the admission or the start of treatment, the medical officer or psychiatrist in charge of the person's care shall 
give the information to the nominated representative immediately. 

23. Right to confidentiality.—(1) A person with mental illness shall have the right to confidentiality 

in respect of his mental health, mental healthcare, treatment and physical healthcare. 

(2) All health professionals providing care or treatment to a person with mental illness shall have a 
duty to keep all such information confidential which has been obtained during care or treatment with the 
following exceptions, namely:— 

(a) release of information to the nominated representative to enable him to fulfil his duties under 

this Act; 

(b) release of information to other mental health professionals and other health professionals to 

enable them to provide care and treatment to the person with mental illness; 

15 

 
(c) release of information if it is necessary to protect any other person from harm or violence; 

(d) only such information that is necessary to protect against the harm identified shall be released; 

(e) release only such information as is necessary to prevent threat to life; 

(f)  release  of  information  upon  an  order  by  concerned  Board  or  the  Central  Authority  or  High 

Court or Supreme Court or any other statutory authority competent to do so; and 

(g) release of information in the interests of public safety and security. 

 24. Restriction on release of information in respect of mental illness.—(1) No photograph or any 
other  information  relating  to  a  person  with  mental  illness  undergoing  treatment  at  a  mental  health 
establishment shall be released to the media without the consent of the person with mental illness. 

(2) The right to confidentiality of person with mental illness shall also apply to all information stored 

in electronic or digital format in real or virtual space. 

25.  Right  to  access  medical  records.—(1)  All  persons  with  mental illness  shall  have  the right to 

access their basic medical records as may be prescribed. 

(2) The mental health professional in charge of such records may withhold specific information in 

the medical records if disclosure would result in,— 

(a) serious mental harm to the person with mental illness; or 

(b) likelihood of harm to other persons. 

(3)  When  any  information  in  the  medical  records  is  withheld  from  the  person,  the  mental  health 
professional shall inform the person with mental illness of his right to apply to the concerned Board for 
an order to release such information. 

26. Right to personal contacts and communication.—(1) A person with mental illness admitted to 
a mental health establishment shall have the right to refuse or receive visitors and to refuse or receive 
and  make  telephone  or  mobile  phone  calls  at  reasonable  times  subject  to  the  norms  of  such  mental 
health establishment. 

(2)  A  person  with  mental  illness  admitted  in  a  mental  health  establishment  may  send  and  receive 

mail through electronic mode including through e-mail. 

(3) Where a person with mental illness informs the medical officer or mental health professional in 
charge  of  the  mental  health  establishment  that  he  does  not  want  to  receive  mail  or  e-mail  from  any 
named person in the community, the medical officer or mental health professional in charge may restrict 
such communication by the named person with the person with mental illness. 

(4)  Nothing  contained  in  sub-sections  (1)  to  (3)  shall  apply  to  visits  from,  telephone  calls  to,  and 
from mail or e-mail to, and from individuals, specified under clauses (a) to (f) under any circumstances, 
namely:— 

(a) any Judge or officer authorised by a competent court; 

(b) members of the concerned Board or the Central Authority or the State Authority; 

(c) any member of the Parliament or a Member of State Legislature; 

(d) nominated representative, lawyer or legal representative of the person; 

(e) medical practitioner in charge of the person's treatment; 

(f) any other person authorised by the appropriate Government. 

27.  Right  to  legal  aid.—(1)  A  person  with  mental  illness  shall  be  entitled  to  receive  free  legal 

services to exercise any of his rights given under this Act. 

(2) It shall be the duty of magistrate, police officer, person in charge of such custodial institution as 
may  be  prescribed  or  medical  officer  or  mental  health  professional  in  charge  of  a  mental  health 
16 

 
establishment to inform the person with mental illness that he is entitled to free legal services under the 
Legal Services Authorities Act, 1987 (39 of 1987) or other relevant laws or under any order of the court 
if so ordered and provide the contact details of the availability of services. 

28. Right to make complaints about deficiencies in provision of services.—(1) Any person with 
mental illness or his nominated representative, shall have the right to complain regarding deficiencies in 
provision of care, treatment and services in a mental health establishment to,— 

(a)  the  medical  officer  or  mental  health  professional  in  charge  of  the  establishment  and  if  not 

satisfied with the response; 

(b) the concerned Board and if not satisfied with the response; 

(c) the State Authority. 

(2) The provisions for making complaint in sub-section (1), is without prejudice to the rights of the 
person to seek any judicial remedy for violation of his rights in a mental health establishment or by any 
mental health professional either under this Act or any other law for the time being in force. 

CHAPTER VI 

DUTIES OF APPROPRIATE GOVERNMENT 

29. Promotion of mental health and preventive programmes.—(1) The appropriate Government 
shall  have  a  duty  to  plan,  design  and  implement  programmes  for  the  promotion  of  mental  health  and 
prevention of mental illness in the country. 

(2) Without prejudice to the generality of the provisions contained in sub-section (1), the appropriate 
Government  shall,  in  particular,  plan,  design  and  implement  public  health  programmes  to  reduce 
suicides and attempted suicides in the country. 

30.  Creating  awareness  about  mental  health  and  illness  and  reducing  stigma  associated  with 

mental illness.—The appropriate Government shall take all measures to ensure that,— 

(a) the provisions of this Act are given wide publicity through public media, including television, 

radio, print and online media at regular intervals; 

(b) the programmes to reduce stigma associated with mental illness are planned, designed, funded 

and implemented in an effective manner; 

(c)  the  appropriate  Government  officials  including  police  officers  and  other  officers  of  the 
appropriate Government are given periodic sensitisation and awareness training on the issues under 
this Act. 

31. Appropriate Government to take measures as regard to human resource development and 
training,  etc.—(1)  The  appropriate  Government  shall  take  measures  to  address  the  human  resource 
requirements  of  mental  health  services  in  the  country  by  planning,  developing  and  implementing 
educational and training programmes in collaboration with institutions of higher education and training, 
to  increase  the  human  resources  available  to  deliver  mental  health  interventions  and  to  improve  the 
skills of the available human resources to better address the needs of persons with mental illness. 

(2) The appropriate Government shall, at the minimum, train all medical officers in public healthcare 
establishments  and  all  medical  officers  in  the  prisons  or  jails  to  provide  basic  and  emergency  mental 
healthcare. 

(3) The  appropriate  Government  shall  make  efforts  to  meet  internationally  accepted  guidelines for 
number  of  mental  health  professionals  on  the  basis  of  population,  within  ten  years  from  the 
commencement of this Act. 

32.  Co-ordination  within  appropriate  Government.—The appropriate Government shall take all 
measures  to  ensure  effective  co-ordination  between  services  provided  by  concerned  Ministries  and 
Departments  such  as  those  dealing  with  health,  law,  home  affairs,  human  resources,  social  justice, 

17 

 
employment, education, women and child development, medical education to address issues of mental 
healthcare. 

CHAPTER VII 

CENTRAL MENTAL HEALTH AUTHORITY 

33. Establishment of Central Authority.—The Central Government shall, within a period of nine 
months from the date on which this Act receives the assent of the President, by notification, establish, 
for the purposes of this Act, an Authority to be known as the Central Mental Health Authority. 

34. Composition of Central Authority.—(1) The Central Authority shall consist of the following, 

namely:— 

(a) Secretary or Additional Secretary to the Government of India in the Department of Health and 

Family Welfare--chairperson ex officio; 

(b) Joint Secretary to the Government of India in the Department of Health and Family Welfare, 

in charge of mental health—member ex officio; 

(c)  Joint  Secretary  to  the  Government  of  India  in  the  Department  of  Ayurveda,  Yoga  and 

Naturopathy, Unani, Siddha and Homeopathy—member ex officio; 

(d) Director General of Health Services—member ex officio; 

(e)  Joint  Secretary  to  the  Government  of  India  in  the  Department  of  Disability  Affairs  of  the 

Ministry of Social Justice and Empowerment—member ex officio; 

(f)  Joint  Secretary  to  the  Government  of  India  in  the  Ministry  of  Women  and  Child       

Development—member ex officio; 

(g) Directors of the Central Institutions for Mental Health—members ex officio; 

(h)  such  other  ex  officio  representatives  from  the  relevant  Central  Government  Ministries  or 

Departments; 

(i)  one  mental  health  professional  as  defined  in  item  (iii)  of  clause  (r)  of  sub-section  (1)  of            
section  2  having  at  least  fifteen  years  experience  in  the  field,  to  be  nominated  by  the  Central           
Government—member; 

(j)  one  psychiatric  social  worker  having  at  least  fifteen  years  experience  in  the  field,  to  be 

nominated by the Central Government—member; 

(k) one clinical psychologist having at least fifteen years experience in the field, to be nominated 

by the Central Government—member; 

(l) one mental health nurse having at least fifteen years experience in the field of mental health, to 

be nominated by the Central Government—member; 

(m) two persons representing persons who have or have had mental illness, to be nominated by 

the Central Government—members; 

(n)  two  persons  representing  care-givers  of  persons  with  mental  illness  or  organisations 

representing care-givers, to be nominated by the Central Government—members; 

(o) two persons representing non-governmental organisations which provide services to persons 

with mental illness, to be nominated by the Central Government—members; 

(p) two persons representing areas relevant to mental health, if considered necessary. 

(2)  The  members  referred  to  in  clauses  (h)  to  (p)  of  sub-section  (1),  shall  be  nominated  by  the 

Central Government in such manner as may be prescribed. 

18 

 
35. Term of office, salaries and allowances of chairperson and members.—(1) The members of 
the Central Authority referred to in clauses (h) to (p) of sub-section (1) of section 34 shall hold office as 
such for a term of three years from the date of nomination and shall be eligible for reappointment: 

Provided that a member shall not hold office as such after he has attained the age of seventy years. 

(2)  The  chairperson  and  other  ex  officio  members  of  the  Authority  shall  hold  office  as  such 
chairperson  or  member,  as  the  case  may  be,  so  long  as  he  holds  the  office  by  virtue  of  which  he  is 
nominated. 

(3)  The  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of,  the 

chairperson and other members shall be such as may be prescribed. 

36.  Resignation.—A  member  of  the  Central  Authority  may,  by  notice  in  writing  under  his  hand 

addressed to the Central Government, resign his office: 

Provided  that  a  member  shall,  unless  he  is  permitted  by  the  Central  Government  to  relinquish  his 
office sooner, continue to hold office until the expiry of three months from the date of receipt of such 
notice or until a person duly appointed as his successor enters upon the office or until the expiry of his 
term of office, whichever is the earliest. 

37.  Filling  of  vacancies.—The  Central  Government  shall,  within  two  months  from  the  date  of 
occurrence of any vacancy by reason of death, resignation or removal of a member of the Authority and 
three  months  before  the  superannuation  or  completion  of  the  term  of  office  of  any  member  of  that 
Authority, make nomination for filling up of the vacancy. 

38. Vacancies, etc., not to invalidate proceedings of Central Authority.—No act or proceeding of 

the Central Authority shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Authority; or 

(b) any defect in the appointment of a person as a member of the Authority; or 

(c) any irregularity in the procedure of the Authority not affecting the merits of the case. 

39. Member not to participate in meetings in certain cases.—Any member having any direct or 
indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting 
of  the  Central  Authority,  shall,  as  soon  as  possible  after  the  relevant  circumstances  have  come  to  his 
knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in 
the proceedings of the Central Authority, and the member shall not take any part in any deliberation or 
decision of the Authority with respect to that matter. 

40.  Officers  and  other  employees  of  Central  Authority.—(1)  There  shall  be  a  chief  executive 
officer of the Authority, not below the rank of the Director to the Government of India, to be appointed 
by the Central Government. 

(2) The Authority may, with the approval of the Central Government, determine the number, nature 
and categories of other officers and employees required by the Central Authority in the discharge of its 
functions. 

(3) The salaries and allowances payable to, and the other terms and conditions of service (including 
the  qualifications,  experience  and  manner  of  appointment)  of,  the  chief  executive  officer  and  other 
officers and employees of the Central Authority shall be such as may be specified by regulations with 
the approval of the Central Government. 

41.  Functions  of  chief  executive  officer  of  Central  Authority.—(1)  The  chief  executive  officer 

shall be the legal representative of the Central Authority and shall be responsible for— 

(a) the day-to-day administration of the Central Authority; 

(b) implementing the work programmes and decisions adopted by the Central Authority; 

(c) drawing up of proposal for the Central Authority's work programmes; 

19 

 
(d) the preparation of the statement of revenue and expenditure and the execution of the budget of 

the Central Authority. 

(2) Every year, the chief executive officer shall submit to the Central Authority for approval— 

(a) a general report covering all the activities of the Central Authority in the previous year; 

(b) programmes of work; 

(c) the annual accounts for the previous year; and 

(d) the budget for the coming year. 

(3)  The  chief  executive  officer  shall  have  administrative  control  over  the  officers  and  other 

employees of the Central Authority. 

42.  Transfer  of  assets,  liabilities  of  Central  Authority.—On  the  establishment  of  the  Central 

Authority— 

(a)  all  the  assets  and  liabilities  of  the  Central  Authority  for  Mental  Health  Services  constituted 
under sub-section (1) of section 3 of the Mental Health Act, 1987 (14 of 1987) shall stand transferred 
to, and vested in, the Central Authority. 

Explanation.—The assets of such Central Authority for Mental Health Services shall be deemed 
to  include  all  rights  and  powers,  and  all  properties,  whether  movable  or  immovable,  including,  in 
particular,  cash  balances,  deposits  and  all  other  interests  and  rights  in,  or  arising  out  of,  such 
properties as may be in the possession of such Unique Identification Authority of India and all books 
of account and other documents relating to the same; and liabilities shall be deemed to include all 
debts, liabilities and obligations of whatever kind; 

(b)  without  prejudice  to  the  provisions  of  clause  (a),  all  data  and  information  collected  during 
enrolment,  all  details  of  authentication  performed,  debts,  obligations  and  liabilities  incurred,  all 
contracts  entered  into  and  all  matters  and  things  engaged  to  be  done  by,  with  or  for  such  Central 
Authority  for  Mental  Health  Services  immediately  before  that  day,  for  or  in  connection  with  the 
purpose  of  the  said  Central  Authority  for  Mental  Health  Services,  shall  be  deemed  to  have  been 
incurred, entered into or engaged to be done by, with or for, the Central Authority; 

(c)  all  sums  of  money  due  to  the  Central  Authority  for  Mental  Health  Services  immediately 

before that day shall be deemed to be due to the Central Authority; and 

(d)  all  suits  and  other  legal  proceedings  instituted  or  which  could  have  been  instituted  by  or 
against  such  Central  Authority  for  Mental  Health  Services  immediately  before  that  day  may  be 
continued or may be instituted by or against the Central Authority. 

43. Functions of Central Authority.—(1) The Central Authority shall— 

(a)  register  all  mental  health  establishments  under  the  control  of  the  Central  Government  and 
maintain a register of all mental health establishments in the country based on information provided 
by all State Mental Health Authorities of registered establishments and compile update and publish 
(including online on the internet) a register of such establishments; 

(b)  develop  quality  and  service  provision  norms  for  different  types  of  mental  health 

establishments under the Central Government; 

(c)  supervise  all  mental  health  establishments  under  the  Central  Government  and  receive 

complaints about deficiencies in provision of services; 

(d)  maintain  a  national  register  of  clinical  psychologists,  mental  health  nurses  and  psychiatric 
social workers based on information provided by all State Authorities of persons registered to work 
as mental health professionals for the purpose of this Act and publish the list (including online on the 
internet) of such registered mental health professionals; 

20 

 
(e)  train  all  persons  including  law  enforcement  officials,  mental  health  professionals  and  other 

health professionals about the provisions and implementation of this Act; 

(f) advise the Central Government on all matters relating to mental healthcare and services; 

(g) discharge such other functions with respect to matters relating to mental health as the Central 

Government may decide: 

Provided that the mental health establishments under the control of the Central Government, before 
the commencement of this Act, registered under the Mental Health Act, 1987 (14 of 1987) or any other 
law for the time being in force, shall be deemed to have been registered under the provisions of this Act 
and copy of such registration shall be furnished to the Central Authority. 

(2) The procedure for registration (including the fees to be levied for such registration) of the mental 
health establishments under this section shall be such as may be prescribed by the Central Government. 

44. Meetings of Central Authority.—(1) The Central Authority shall meet at such times (not less 
than twice in a year) and places and shall observe such rules of procedure in regard to the transaction of 
business at its meetings (including quorum at such meetings) as may be specified by regulations made 
by the Central Authority. 

(2)  If  the  chairperson,  for  any  reason,  is  unable  to  attend  a  meeting  of  the  Central  Authority,  the 

senior-most member shall preside over the meeting of the Authority. 

(3) All questions which come up before any meeting of the Authority shall be decided by a majority 
of votes by the members present and voting and in the event of an equality of votes, the chairperson or 
in his absence the member presiding over shall have a second or casting vote. 

(4) All decisions of the Central Authority shall be authenticated by the signature of the chairperson 

or any other member authorised by the Central Authority in this behalf. 

(5)  If  any  member,  who  is  a  director  of  a  company  and  who  as  such  director,  has  any  direct  or 
indirect  pecuniary  interest  in  any  manner  coming  up  for  consideration  at  a  meeting  of  the  Central 
Authority,  he  shall,  as  soon  as  possible  after  relevant  circumstances  have  come  to  his  knowledge, 
disclose  the  nature  of  his  interest  at  such  meeting  and  such  disclosure  shall  be  recorded  in  the 
proceedings of the Authority, and the member shall not take part in any deliberation or decision of the 
Authority with respect to that matter. 

CHAPTER VIII 

STATE MENTAL HEALTH AUTHORITY 

45.  Establishment  of  State  Authority.—Every  State  Government  shall,  within  a  period  of  nine 
months from the date on which this Act receives the assent of the President, by notification, establish, 
for the purposes of this Act, an Authority to be known as the State Mental Health Authority. 

46.  Composition  of  State  Authority.—(1)  The  State  Authority  shall  consist  of  the  following 

chairperson and members:— 

(a)  Secretary  or  Principal  Secretary  in  the  Department  of  Health  of  State  Government—

chairperson ex officio; 

(b)  Joint  Secretary  in  the  Department  of  Health  of  the  State  Government,  in  charge  of  mental 

health—member ex officio; 

(c) Director of Health Services or Medical Education—member ex officio; 

(d)  Joint  Secretary  in  the  Department  of  Social  Welfare  of  the  State  Government—member         

ex officio;  

(e)  such  other  ex  officio  representatives  from  the  relevant  State  Government  Ministries  or 

Departments; 

21 

 
(f) Head of any of the Mental Hospitals in the State or Head of Department of Psychiatry at any 

Government Medical College, to be nominated by the State Government—member; 

(g)  one  eminent  psychiatrist  from  the  State  not  in  Government  service  to  be  nominated  by  the 

State Government—member; 

(h)  one  mental  health  professional  as  defined  in  item  (iii)  of  clause  (q)  of  sub-section  (1)  of 
section  2  having  at  least  fifteen  years  experience  in  the  field,  to  be  nominated  by  the  State 
Government—member; 

(i)  one  psychiatric  social  worker  having  at  least  fifteen  years  experience  in  the  field,  to  be 

nominated by the State Government—member; 

(j) one clinical psychologist having at least fifteen years experience in the field, to be nominated 

by the State Government—member; 

(k) one mental health nurse having at least fifteen years experience in the field of mental health, 

to be nominated by the State Government—member; 

(l) two persons representing persons who have or have had mental illness, to be nominated by the 

State Government—member; 

(m)  two  persons  representing  care-givers  of  persons  with  mental  illness  or  organisations 

representing care-givers, to be nominated by the State Government—members; 

(n) two persons representing non-governmental organisations which provide services to persons 

with mental illness, to be nominated by the State Government—members. 

(2) The members referred to in clauses (e) to (n) of sub-section (1), shall be nominated by the State 

Government in such manner as may be prescribed. 

47.  Term  of  office,  salaries  and  allowances  of  chairperson  and  other  members.—(1)  The 
members  of  the  State  Authority  referred  to in  clauses  (e) to  (n)  of sub-section (1)  of  section  46  shall 
hold  office  as  such  for  a  term  of  three  years  from  the  date  of  nomination  and  shall  be  eligible  for 
reappointment: 

Provided that a member shall not hold office as such after he has attained the age of seventy years. 

(2)  The  chairperson  and  other  ex  officio  members  of  the  State  Authority  shall  hold  office  as  such 
chairperson  or  member,  as  the  case  may  be,  so  long  as  he  holds  the  office  by  virtue  of  which  he  is 
nominated. 

(3)  The  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of,  the 

chairperson and other members shall be such as may be prescribed. 

48.  Resignation.—A  member  of  the  State  Authority  may,  by  notice  in  writing  under  his  hand 

addressed to the State Government, resign his office: 

Provided that a member shall, unless he is permitted by the State Government to relinquish his office 
sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or 
until a person duly appointed as his successor enters upon office or until the expiry of his term of office, 
whichever is the earliest. 

49.  Filling  of  vacancies.—The  State  Government  shall,  within  two  months  from  the  date  of 
occurrence of any vacancy by reason of death, resignation or removal of a member of the Authority and 
three  months  before  the  superannuation  or  completion  of  the  term  of  office  of  any  member  of  that 
Authority, make nomination for filling up of the vacancy. 

50.  Vacancies, etc.,  not to  invalidate  proceedings of  State  Authority.—No act or proceeding of 

the State Authority shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the State Authority; or 

22 

 
(b) any defect in the appointment of a person as a member of the State Authority; or 

(c) any irregularity in the procedure of the Authority not affecting the merits of the case. 

51. Member not to participate in meetings in certain cases.—Any member having any direct or 
indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting 
of  the  State  Authority,  shall,  as  soon  as  possible  after  the  relevant  circumstances  have  come  to  his 
knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in 
the proceedings  of the  State  Authority,  and  the  member shall  not take  any  part  in  any  deliberation or 
decision of the State Authority with respect to that matter. 

52. Officers and other employees of State Authority.—(1) There shall be a chief executive officer 
of  the  State  Authority,  not  below  the  rank  of  the  Deputy  Secretary  to  the  State  Government,  to  be 
appointed by the State Government. 

(2)  The  State  Authority  may,  with  the  approval  of  the  State  Government,  determine  the  number, 
nature and categories of other officers and employees required by the State Authority in the discharge of 
its functions. 

(3) The salaries and allowances payable to, and the other terms and conditions of service (including 
the  qualifications,  experience  and  manner  of  appointment)  of,  the  chief  executive  officer  and  other 
officers and employees of the State Authority shall be such as may be specified by regulations with the 
approval of the State Government. 

53. Functions of chief executive officer of State Authority.—(1) The chief executive officer shall 

be the legal representative of the State Authority and shall be responsible for— 

(a) the day-to-day administration of the State Authority; 

(b) implementing the work programmes and decisions adopted by the State Authority; 

(c) drawing up of proposal for the State Authority's work programmes; 

(d) the preparation of the statement of revenue and expenditure and the execution of the budget of 

the State Authority. 

(2) Every year, the chief executive officer shall submit to the State Authority for approval— 

(a) a general report covering all the activities of the Authority in the previous year; 

(b) programmes of work; 

(c) the annual accounts for the previous year; and 

(d) the budget for the coming year. 

(3)  The  chief  executive  officer  shall  have  administrative  control  over  the  officers  and  other 

employees of the State Authority. 

54. Transfer of assets, liabilities of State Authority.—On and from the establishment of the State 

Authority— 

(a) all the assets and liabilities of the State Authority for Mental Health Services constituted under 
sub-section (1) of section 4 of the Mental Health Act, 1987 (14 of 1987) shall stand transferred to, 
and vested in, the State Authority. 

Explanation.—The assets of such State Authority for Mental Health Services shall be deemed to 
include  all  rights  and  powers,  and  all  properties,  whether  movable  or  immovable,  including,  in 
particular,  cash  balances,  deposits  and  all  other  interests  and  rights  in,  or  arising  out  of,  such 
properties as  may  be  in  the  possession  of  such  State  Authority  for  Mental  Health  Services  and  all 
books of account and other documents relating to the same; and liabilities shall be deemed to include 
all debts, liabilities and obligations of whatever kind; 

23 

 
(b)  without  prejudice  to  the  provisions  of  clause  (a),  all  data  and  information  collected  during 
enrolment,  all  details  of  authentication  performed,  debts,  obligations  and  liabilities  incurred,  all 
contracts  entered  into  and  all  matters  and  things  engaged  to  be  done  by,  with  or  for  such  State 
Authority  for  Mental  Health  Services  immediately  before  that  day,  for  or  in  connection  with  the 
purpose  of  the  said  State  Authority  for  Mental  Health  Services,  shall  be  deemed  to  have  been 
incurred, entered into or engaged to be done by, with or for, the State Authority; 

(c) all sums of money due to the State Authority for Mental Health Services immediately before 

that day shall be deemed to be due to the State Authority; and 

(d)  all  suits  and  other  legal  proceedings  instituted  or  which  could  have  been  instituted  by  or 
against  such  State  Authority  for  Mental  Health  Services  immediately  before  that  day  may  be 
continued or may be instituted by or against the State Authority. 

55. Functions of State Authority.—(1) The State Authority shall— 

(a) register all mental health establishments in the State except those referred to in section 43 and 

maintain and publish (including online on the internet) a register of such establishments; 

(b)  develop  quality  and  service  provision  norms  for  different  types  of  mental  health 

establishments in the State; 

(c)  supervise  all  mental  health  establishments  in  the  State  and  receive  complaints  about 

deficiencies in provision of services; 

(d) register clinical psychologists, mental health nurses and psychiatric social workers in the State 
to  work  as  mental  health  professionals,  and  publish  the  list  of  such  registered  mental  health 
professionals in such manner as may be specified by regulations by the State Authority; 

(e) train all relevant persons including law enforcement officials, mental health professionals and 

other health professionals about the provisions and implementation of this Act; 

(f)  discharge  such  other  functions  with  respect  to  matters  relating  to  mental  health  as  the  State 

Government may decide: 

Provided that the mental health establishments in the State (except those referred to in section 43), 
registered, before the commencement of this Act, under the Mental Health Act, 1987 (14 of 1987) or 
any other law for the time being in force, shall be deemed to have been registered under the provisions 
of this Act and copy of such registration shall be furnished to the State Authority. 

(2) The procedure for registration (including the fees to be levied for such registration) of the mental 

health establishments under this section shall be such as may be prescribed by the State Government. 

56. Meetings of State Authority.—(1) The State Authority shall meet at such times (not less than 
four times in a year) and places and shall observe such rules of procedure in regard to the transaction of 
business at its meetings (including quorum at such meetings) as may be specified by regulations made 
by the State Authority. 

(2) If the chairperson, for any reason, is unable to attend a meeting of the State Authority, the senior-

most member shall preside over the meetings of the Authority. 

(3)  All  questions  which  come  up  before  any  meeting  of  the  State  Authority  shall  be  decided  by  a 
majority  of  votes  by  the  members  present  and  voting  and  in  the  event  of  an  equality  of  votes,  the 
chairperson or in his absence the member presiding over shall have a second or casting vote. 

(4) All decisions of the State Authority shall be authenticated by the signature of the chairperson or 

any other member authorised by the State Authority in this behalf. 

(5)  If  any  member,  who  is  a  director  of  a  company  and  who  as  such  director,  has  any  direct  or 
indirect  pecuniary  interest  in  any  manner  coming  up  for  consideration  at  a  meeting  of  the  State 
Authority,  he  shall,  as  soon  as  possible  after  relevant  circumstances  have  come  to  his  knowledge, 
disclose  the  nature  of  his  interest  at  such  meeting  and  such  disclosure  shall  be  recorded  in  the 

24 

 
proceedings of the Authority, and the member shall not take part in any deliberation or decision of the 
State Authority with respect to that matter. 

CHAPTER IX 

FINANCE, ACCOUNTS AND AUDIT 

57. Grants by Central Government to Central Authority.—The Central Government may, after 
due  appropriation  made  by  Parliament  by  law  in  this  behalf,  make  to  the  Central  Authority  grants  of 
such sums of money as the Central Government may think fit for being utilised for the purposes of this 
Act. 

58. Central Mental Health Authority Fund.—(1) There shall be constituted a Fund to be called the 

Central Mental Health Authority Fund and there shall be credited thereto— 

(i) any grants and loans made to the Authority by the Central Government; 

(ii) all fees and charges received by the Authority under this Act; and 

(iii) all sums received by the Authority from such other sources as may be decided upon by the 

Central Government. 

(2) The Fund referred to in sub-section (1) shall be applied for meeting the salary, allowances and 
other  remuneration  of  the  chairperson,  other  members,  chief  executive  officer,  other  officers  and 
employees of the Authority and the expenses of the Authority incurred in the discharge of its functions 
and for purposes of this Act. 

59.  Accounts  and  audit  of  Central  Authority.—(1)  The  Central  Authority  shall  maintain  proper 
accounts and other relevant records and prepare an annual statement of accounts in such form as may be 
prescribed  by  the  Central  Government,  in  consultation  with  the  Comptroller  and  Auditor-General  of 
India. 

(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India 
at such intervals as may be specified by him and any expenditure incurred in connection with such audit 
shall be payable by the Authority to the Comptroller and Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  other  person  appointed  by  him  in 
connection with the audit of the accounts of the Authority shall have the same rights and privileges and 
authority  in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General  generally  has  in 
connection with the audit of the Government accounts and, in particular, shall have the right to demand 
the production of books, accounts, connected vouchers and other documents and papers and to inspect 
any of the office of the Authority. 

(4) The  accounts  of  the  Authority  as  certified  by  the  Comptroller  and  Auditor-General  of  India  or 
any  other  person  appointed  by  him  in  this  behalf  together  with  the  audit  report  thereon,  shall  be 
forwarded annually to the Central Government by the Authority and the Central Government shall cause 
the same to be laid before each House of Parliament. 

60.  Annual  report  of  Central  Authority.—The  Central  Authority  shall  prepare  in  every  year,  in 
such form and at such time as may be prescribed by the Central Government, an annual report giving a 
full account of its activities during the previous year, and copies thereof along with copies of its annual 
accounts and auditor's report shall be forwarded to the Central Government and the Central Government 
shall cause the same to be laid before both Houses of Parliament. 

61.  Grants  by  State  Government.—The State Government may, after due appropriation made by 
State Legislature by law in this behalf, make to the State Authority grants of such sums of money as the 
State Government may think fit for being utilised for the purposes of this Act. 

62. State Mental Health Authority Fund.—(1) There shall be constituted a Fund to be called the 

State Mental Health Authority Fund and there shall be credited thereto— 

(i) any grants and loans made to the State Authority by the State Government; 

25 

 
(ii) all fees and charges received by the Authority under this Act; and 

(iii) all sums received by the State Authority from such other sources as may be decided upon by 

the State Government. 

(2) The Fund referred to in sub-section (1) shall be applied for meeting the salary, allowances and 
other  remuneration  of  the  chairperson,  other  members,  chief  executive  officer,  other  officers  and 
employees of the State Authority and the expenses of the State Authority incurred in the discharge of its 
functions and for purposes of this Act. 

63.  Accounts  and  audit  of  State  Authority.—(1)  The  State  Authority  shall  maintain  proper 
accounts and other relevant records and prepare an annual statement of accounts in such form as may be 
prescribed by the State Government, in consultation with the Comptroller and Auditor-General of India. 

(2) The accounts of the State Authority shall be audited by the Comptroller and Auditor-General of 
India at such intervals as may be specified by him and any expenditure incurred in connection with such 
audit shall be payable by the State Authority to the Comptroller and Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  other  person  appointed  by  him  in 
connection with the audit of the accounts of the State Authority shall have the same rights and privileges 
and  authority  in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General  generally  has  in 
connection with the audit of the Government accounts and, in particular, shall have the right to demand 
the production of books, accounts, connected vouchers and other documents and papers and to inspect 
any of the office of the State Authority. 

64.  Annual  report  of  State  Authority.—The State Authority shall prepare in every  year, in such 
form  and  at  such  time  as  may  be  prescribed  by  the  State  Government,  an  annual  report  giving  a  full 
account  of  its  activities  during  the  previous  year,  and  copies  thereof  along  with  copies  of  its  annual 
accounts  and  auditor's  report  shall  be  forwarded  to  the  State  Government  and  the  Government  shall 
cause the same to be laid before the State Legislature. 

CHAPTER X 

MENTAL HEALTH ESTABLISHMENTS 

65. Registration of mental health establishment.—(1) No person or organisation shall establish or 
run a mental health establishment unless it has been registered with the Authority under the provisions 
of this Act. 

Explanation.—For the purposes of this Chapter, the expression Authority means— 

(a) in respect of the mental health establishments under the control of the Central Government, 

the Central Authority; 

(b) in respect of the mental health establishments in the State [not being the health establishments 

referred to in clause (a)], the State Authority. 

(2) Every person or organisation who proposes to establish or run a mental health establishment shall 

register the said establishment with the Authority under the provisions of this Act: 

Provided that the Central Government, may, by notification, exempt any category or class of existing 

mental health establishments from the requirement of registration under this Act. 

Explanation.—In  case  a  mental  health  establishment  has  been  registered  under  the  Clinical 
Establishments (Registration and Regulation) Act, 2010 (23 of 2010) or any other law for the time being 
in force in a State, such mental health establishment shall submit a copy of the said registration along 
with  an  application  in  such  form  as  may  be  prescribed  to  the  Authority  with  an  undertaking  that  the 
mental  health  establishment  fulfils  the  minimum  standards,  if  any,  specified  by  the  Authority  for  the 
specific category of mental health establishment. 

26 

 
(3) The Authority shall, on receipt of application under sub-section (2), on being satisfied that such 
mental  health  establishment  fulfils  the  standards  specified  by  the  Authority,  issue  a  certificate  of 
registration in such form as may be prescribed: 

Provided that till the period the Authority specifies the minimum standards for different categories of 
mental health establishments, it shall issue a provisional certificate of registration to the mental health 
establishment: 

Provided further that on specifying the minimum standards for different categories of mental health 
establishments, the mental health establishment referred to in the first proviso shall, within a period of 
six months from the date such standards are specified, submit to the Authority an undertaking stating 
therein that such establishment fulfils the specified minimum standards and on being satisfied that such 
establishment  fulfils  the  minimum  standards,  the  Authority  shall  issue  a  certificate  of  registration  to 
such mental health establishment. 

(4)  Every  mental  health  establishment  shall,  for  the  purpose  of  registration  and  continuation  of 

registration, fulfil— 

(a) the minimum standards of facilities and services as may be specified by regulations made by 

the Authority; 

(b)  the  minimum  qualifications  for  the  personnel  engaged  in  such  establishment  as  may  be 

specified by regulations made by the Authority; 

(c) provisions for maintenance of records and reporting as may be specified by regulations made 

by the Authority; and 

(d) any other conditions as may be specified by regulations made by the Authority. 

(5) The Authority may— 

(a)  classify  mental  health  establishments  into  such  different  categories,  as  may  be  specified  by 

regulations made by the Central Authority; 

(b) specify different standards for different categories of mental health establishments; 

(c) while specifying the minimum standards for mental health establishments, have regard to local 

conditions. 

(6) Notwithstanding anything in this section, the Authority shall, within a period of eighteen months 
from  the  commencement  of  this  Act,  by  notification,  specify  the  minimum  standards  for  different 
categories of mental health establishments. 

for 

66.  Procedure 

inspection 
establishments.—(1) The mental health establishment shall, for the purpose of registration, submit an 
application,  in  such  form,  accompanied  with  such  details  and  fees,  as  may  be  prescribed,  to  the 
Authority. 

registration, 

of  mental 

inquiry 

and 

health               

(2) The mental health establishment may submit the application in person or by post or online. 

(3)  Every  mental  health  establishment,  existing  on  the  date  of  commencement  of  this  Act,  shall, 
within a period of six months from the date of constitution of the Authority, submit an application for its 
provisional registration to the Authority. 

(4) The Authority shall, within a period of ten days from the date of receipt of such application, issue 
to the mental health establishment a certificate of provisional registration in such form and containing 
such particulars and information as may be prescribed. 

(5)  The  Authority  shall  not  be  required  to  conduct  any  inquiry  prior  to  issue  of  provisional 

registration. 

(6) The Authority shall, within a period of forty-five days from the date of provisional registration, 

publish in print and in digital form online, all particulars of the mental health establishment. 

27 

 
(7) A provisional registration shall be valid for a period of twelve months from the date of its issue 

and be renewable. 

(8)  Where  standards  for  particular  categories  of  mental  health  establishments  have  been  specified 
under  this  Act,  the  mental  health  establishments  in  that  category  shall,  within  a  period  of  six  months 
from date of notifying such standards, apply for that category and obtain permanent registration. 

(9) The Authority shall publish the standards in print and online in digital format. 

(10) Until standards for particular categories of mental health establishments are specified under this 
Act,  every  mental  health  establishment  shall,  within  thirty  days  before  the  expiry  of  the  validity  of 
certificate of provisional registration, apply for a renewal of provisional registration. 

(11) If the application is made after the expiry of provisional registration, the Authority shall allow 

renewal of registration on payment of such fees, as may be prescribed. 

(12)  A  mental  health  establishment  shall  make  an  application  for  permanent  registration  to  the 

Authority in such form and accompanied with such fees as may be specified by regulations. 

(13) The mental health establishment shall submit evidence that the establishment has complied with 

the specified minimum standards in such manner as may be specified by regulations by the Authority. 

(14) As soon as the mental health establishment submits the required evidence of the mental health 
establishment having complied with the specified minimum standards, the Authority shall give public 
notice  and  display  the same  on  its  website  for  a  period  of thirty  days,  for filing  objections,  if  any,  in 
such manner as may be specified by regulations. 

(15) The Authority shall, communicate the objections, if any, received within the period referred to 
in sub-section (14), to the mental health establishment for response within such period as the Authority 
may determine. 

(16) The mental health establishment shall submit evidence of compliance with the standards with 
reference to the objections communicated to such establishment under sub-section (15), to the Authority 
within the specified period. 

(17) The Authority shall on being satisfied that the mental health establishment fulfils the specified 

minimum standards for registration, grant permanent certificate of registration to such establishment. 

(18) The Authority shall, within a period of forty-five days after the expiry of the period specified 

under this section, pass an order, either— 

(a) grant permanent certificate of registration; or 

(b) reject the application after recording the reasons thereof: 

Provided that in case the Authority rejects the application under clause (b), it shall grant such period 
not exceeding six months, to the mental health establishment for rectification of the deficiencies which 
have led to rejection of the application and such establishment may apply afresh for registration. 

(19) Notwithstanding anything contained in this section, if the Authority has neither communicated 
any objections received by it to the mental health establishment under sub-section (15), nor has passed 
an order under sub-section (18), the registration shall be deemed to have been granted by the Authority 
and the Authority shall provide a permanent certificate of registration. 

67. Audit of mental health establishment.—(1) The Authority shall cause to be conducted an audit 
of all registered mental health establishments by such person or persons (including representatives of the 
local  community)  as  may  be  prescribed,  every  three  years,  so  as  to  ensure  that  such  mental  health 
establishments comply with the requirements of minimum standards for registration as a mental health 
establishment. 

(2)  The  Authority  may  charge  the  mental  health  establishment  such  fee  as  may  be  prescribed,  for 

conducting the audit under this section. 

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(3) The Authority may issue a show cause notice to a mental health establishment as to why its 

registration under this Act not be cancelled, if the Authority is satisfied that— 

(a) the mental health establishment has failed to maintain the minimum standards specified by the 

Authority; or 

(b)  the  person  or  persons  or  entities  entrusted  with  the  management  of  the  mental  health 

establishment have been convicted of an offence under this Act; or 

(c) the mental health establishment violates the rights of any person with mental illness. 

(4) The Authority may, after giving a reasonable opportunity to the mental health establishment, if 
satisfied  that  the  mental  health  establishment  falls  under  clause  (a)  or  clause  (b)  or  clause  (c)  of         
sub-section  (3),  without  prejudice  to  any  other  action  which  it  may  take  against  the  mental  health 
establishment, cancel its registration. 

(5) Every order made under sub-section (4) shall take effect— 

(a)  where  no  appeal  has  been  preferred  against  such  order,  immediately  on  the  expiry  of  the 

period specified for preferring of appeal; and 

(b) where the appeal has been preferred against such an order and the appeal has been dismissed, 

from the date of the order of dismissal. 

(6)  The  Authority  shall,  on  cancellation  of  the  registration  for  reasons  to  be  recorded  in  writing, 
restrain  immediately  the  mental  health  establishment  from  carrying  on  its  operations,  if  there  is 
imminent danger to the health and safety of the persons admitted in the mental health establishment. 

(7) The Authority may cancel the registration of a mental health establishment if recommended by 

the Board to do so. 

68. Inspection and inquiry.—(1) The Authority may, suo motu or on a complaint received from any 
person  with  respect  to  non-adherence  of  minimum  standards  specified  by  or  under  this  Act  or 
contravention  of  any  provision  thereof,  order  an  inspection  or  inquiry  of  any  mental  health 
establishment, to be made by such person as may be prescribed. 

(2) The mental health establishment shall be entitled to be represented at such inspection or inquiry. 

(3)  The  Authority  shall  communicate  to  the  mental  health  establishment  the  results  of  such 
inspection or inquiry and may after ascertaining the opinion of the mental health establishment, order 
the establishment to make necessary changes within such period as may be specified by it. 

(4)  The  mental  health  establishment  shall  comply  with  the  order  of  the  Authority  made  under                

sub-section (3). 

(5)  If  the  mental  health  establishment  fails  to  comply  with  the  order  of  the  Authority  made  under 

sub-section (3), the Authority may cancel the registration of the mental health establishment. 

(6)  The  Authority  or  any  person  authorised  by  it  may,  if  there  is  any  reason  to  suspect  that  any 
person is operating a mental health establishment without registration, enter and search in such manner 
as  may  be  prescribed,  and  the  mental  health  establishment  shall  co-operate  with  such  inspection  or 
inquiry and be entitled to be represented at such inspection or inquiry. 

69.  Appeal  to  High  Court  against  order  of  Authority.—Any  mental  health  establishment 
aggrieved  by  an  order  of  the  Authority  refusing  to  grant  registration  or  renewal  of  registration  or 
cancellation of registration, may, within a period of thirty days from such order, prefer an appeal to the 
High Court in the State: 

Provided  that  the  High  Court  may  entertain  an  appeal  after  the  expiry  of  the  said  period  of  thirty 
days,  if  it  is  satisfied  that  the  appellant  had  sufficient  cause  for  not  preferring  the  appeal  within  the 
period of thirty days. 

29 

 
70.  Certificates,  fees  and  register  of  mental  health  establishments.—(1)  Every  mental  health 
establishment  shall  display  the  certificate  of  registration  in  a  conspicuous  place  in  the  mental  health 
establishment in such manner so as to be visible to everyone visiting the mental health establishment. 

(2)  In  case  the  certificate  is  destroyed  or  lost  or  mutilated  or  damaged,  the  Authority  may  issue  a 
duplicate certificate on the request of the mental health establishment and on the payment of such fees 
as may be prescribed. 

(3) The certificate of registration shall be non-transferable and valid in case of change of ownership 

of the establishment. 

(4) Any change of ownership of the mental health establishment shall be intimated to the Authority 

by the new owner within one month from the date of change of ownership. 

(5) In the event of change of category of the mental health establishment, such establishment shall 
surrender the certificate of registration to the Authority and the mental health establishment shall apply 
afresh for grant of certificate of registration in that category. 

71.  Maintenance  of  register  of  mental  health  establishment  in  digital  format.—The  Authority 
shall maintain in digital format a register of mental health establishments, registered by the Authority, to 
be called the Register of Mental Health Establishments and shall enter the particulars of the certificate 
of  registration so  granted in  a  separate  register  to  be maintained  in  such  form  and  manner  as  may  be 
prescribed. 

72.  Duty  of  mental  health  establishment  to  display  information.—(1)  Every  mental  health 
establishment shall display within the establishment at conspicuous place (including on its website), the 
contact details including address and telephone numbers of the concerned Board. 

(2) Every mental health establishment shall provide the person with necessary forms to apply to the 
concerned Board and also give free access to make telephone calls to the Board to apply for a review of 
the admission. 

CHAPTER XI 

MENTAL HEALTH REVIEW BOARDS 

73. Constitution of Mental Health Review Boards.—(1) The State Authority shall, by notification, 

constitute Boards to be called the Mental Health Review Boards, for the purposes of this Act. 

(2) The requisite number, location and the jurisdiction of the Boards shall be specified by the State 

Authority in consultation with the State Governments concerned. 

(3) The constitution of the Boards by the State Authority for a district or group of districts in a State 

under this section shall be such as may be prescribed by the Central Government. 

(4)  While  making  rules  under  sub-section  (3),  the  Central  Government  shall  have  regard  to  the 

following, namely:— 

(a)  the  expected  or  actual  workload  of  the  Board  in  the  State  in  which  such  Board  is  to  be 

constituted; 

(b) number of mental health establishments existing in the State; 

(c) the number of persons with mental illness; 

(d) population in the district in which the Board is to be constituted; 

(e) geographical and climatic conditions of the district in which the Board is to be constituted. 

74. Composition of Board.—(1) Each Board shall consist of— 

(a) a District Judge, or an officer of the State judicial services who is qualified to be appointed as 

District Judge or a retired District Judge who shall be chairperson of the Board; 

30 

 
(b) representative of the District Collector or District Magistrate or Deputy Commissioner of the 

districts in which the Board is to be constituted; 

(c) two members of whom one shall be a psychiatrist and the other shall be a medical practitioner. 

(d) two members who shall be persons with mental illness or care-givers or persons representing 
organisations  of  persons  with  mental  illness  or  care-givers  or  non-governmental  organisations 
working in the field of mental health. 

(2) A person shall be disqualified to be appointed as the chairperson or a member of a Board or be 

removed by the State Authority, if he— 

(a)  has  been  convicted  and  sentenced  to  imprisonment  for  an  offence  which  involves  moral 

turpitude; or 

(b) is adjudged as an insolvent; or 

(c)  has  been  removed  or  dismissed  from  the  service  of  the  Government  or  a  body  corporate 

owned or controlled by the Government; or 

(d) has such financial or other interest as is likely to prejudice the discharge of his functions as a 

member; or 

(e) has such other disqualifications as may be prescribed by the Central Government. 

(3) A chairperson or member of a Board may resign his office by notice in writing under his hand 
addressed to the Chairperson of the State Authority and on such resignation being accepted, the vacancy 
shall be filled by appointment of a person, belonging to the category under sub-section (1) of section 74. 

75.  Terms  and  conditions  of  service  of  chairperson  and  members  of  Board.—(1)  The 
chairperson  and  members  of  the  Board  shall  hold  office  for  a  term  of  five  years  or  up  to  the  age  of 
seventy years, whichever is earlier and shall be eligible for reappointment for another term of five years 
or up to the age of seventy years whichever is earlier. 

(2) The appointment of chairperson and members of every Board shall be made by the Chairperson 

of the State Authority. 

(3) The honorarium and other allowances payable to, and the other terms and conditions of service 
of,  the  chairperson  and  members  of  the  Board  shall  be  such  as  may  be  prescribed  by  the  Central 
Government. 

76.  Decisions  of  Authority  and  Board.—(1) The  decisions  of  the  Authority  or  the  Board,  as the 
case may be, shall be by consensus, failing which by a majority of votes of members present and voting 
and in the event of equality of votes, the president or the chairperson, as the case may be, shall have a 
second or casting vote. 

(2)  The  quorum  of  a  meeting  of  the  Authority  or  the  Board,  as  the  case  may  be,  shall  be  three 

members. 

77. Applications to Board.—(1) Any person with mental illness or his nominated representative or 
a representative of a registered non-governmental organisation, with the consent of such a person, being 
aggrieved by the decision of any of the mental health establishment or whose rights under this Act have 
been violated, may make an application to the Board seeking redressal or appropriate relief. 

(2) There shall be no fee or charge levied for making such an application. 

(3) Every application referred to in sub-section (1) shall contain the name of applicant, his contact 
details, the details of the violation of his rights, the mental health establishment or any other place where 
such violation took place and the redressal sought from the Board. 

(4) In exceptional circumstances, the Board may accept an application made orally or over telephone 

from a person admitted to a mental health establishment. 

31 

 
78. Proceedings before Board to be judicial proceedings.—All proceedings before the Board shall 
be  deemed  to  be  judicial  proceedings  within  the  meaning  of  sections  193,  219  and  228  of  the  Indian 
Penal Code (45 of 1860). 

79.  Meetings—The  Board  shall  meet  at  such  times  and  places  and  shall  observe  such  rules  of 
procedure  in  regard  to  the  transaction  of  business  at  its  meetings  as  may  be  specified  by  regulations 
made by the Central Authority. 

80. Proceedings before Board.—(1) The Board, on receipt of an application under sub-section (1) 
of section 85, shall, subject to the provisions of this section, endeavour to hear and dispose of the same 
within a period of ninety days. 

(2) The Board shall dispose of an application— 

(a) for appointment of nominated representative under clause (d) of sub-section (4) of section 14; 

(b) challenging admission of a minor under section 87; 

(c) challenging supported admission under sub-section (10) or sub-section (11) of section 89,  

within  period of seven days from the date of receipt of such applications. 

(3)  The  Board  shall  dispose  of  an  application  challenging  supported  admission  under  section  90 

within a period of twenty-one days from the date of receipt of the application. 

(4) The Board shall dispose of an application, other than an application referred to in sub-section (3),  

within a period of ninety days from the date of filing of the application. 

(5) The proceeding of the Board shall be held in camera. 

(6) The Board shall not ordinarily grant an adjournment for the hearing. 

(7)  The  parties  to  an  application  may  appear  in  person  or  be  represented  by  a  counsel  or  a 

representative of their choice. 

(8) In respect of any application concerning a person with mental illness, the Board shall hold the 
hearings and conduct the proceedings at the mental health establishment where such person is admitted. 

(9) The Board may allow any persons other than those directly interested with the application, with 
the permission of the person with mental illness and the chairperson of the Board, to attend the hearing. 

(10)  The  person  with  mental  illness  whose  matter  is  being  heard  shall  have  the  right  to  give  oral 

evidence to the Board, if such person desires to do so. 

(11) The Board shall have the power to require the attendance and testimony of such other witnesses 

as it deems appropriate. 

(12) The parties to a matter shall have the right to inspect any document relied upon by any other 

party in its submissions to the Board and may obtain copies of the same. 

(13) The Board shall, within five days of the completion of the hearing, communicate its decision to 

the parties in writing. 

(14) Any member who is directly or indirectly involved in a particular case, shall not sit on the Board 

during the hearings with respect to that case. 

81. Central Authority to appoint Expert Committee to prepare guidance document.—(1) The 
Central  Authority  shall  appoint  an  Expert  Committee  to  prepare  a  guidance  document  for  medical 
practitioners  and  mental  health  professionals,  containing  procedures  for  assessing,  when  necessary  or 
the capacity of persons to make mental health care or treatment decisions. 

(2)  Every  medical  practitioner  and  mental  health  professional  shall,  while  assessing  capacity  of  a 
person to make mental healthcare or treatment decisions, comply with the guidance document referred 
to in sub-section (1) and follow the procedure specified therein. 

32 

 
82.  Powers  and  functions  of  Board.—(1)  Subject  to  the  provisions  of  this  Act,  the  powers  and 

functions of the Board shall, include all or any of the following matters, namely:— 

(a) to register, review, alter, modify or cancel an advance directive; 

(b) to appoint a nominated representative; 

(c)  to  receive  and  decide  application  from  a  person  with  mental  illness  or  his  nominated 
representative or any other interested person against the decision of medical officer or mental health 
professional in charge of mental health establishment or mental health establishment under section 
87 or section 89 or section 90; 

(d)  to  receive  and  decide  applications  in  respect  non-disclosure  of  information  specified  under 

sub-section (3) of section 25; 

(e)  to  adjudicate  complaints  regarding  deficiencies  in  care  and  services  specified  under              

section 28; 

(f) to visit and inspect prison or jails and seek clarifications from the medical officer in-charge of 

health services in such prison or jail. 

(2) Where it is brought to the notice of a Board or the Central Authority or State Authority, that a 
mental health establishment violates the rights of persons with mental illness, the Board or the Authority 
may conduct an inspection and inquiry and take action to protect their rights. 

(3)  Notwithstanding  anything  contained  in  this  Act,  the  Board,  in  consultation with  the  Authority, 

may take measures to protect the rights of persons with mental illness as it considers appropriate. 

(4) If the mental health establishment does not comply with the orders or directions of the Authority 
or the Board or wilfully neglects such order or direction, the Authority or the Board, as the case may be, 
may impose penalty which may extend up to five lakh rupees on such mental health establishment and 
the Authority on its own or on the recommendations of the Board may also cancel the registration of 
such mental health establishment after giving an opportunity of being heard. 

83.  Appeal  to  High  Court  against  order  of  Authority  or  Board.—Any person or establishment 
aggrieved  by  the  decision  of  the  Authority  or  a  Board  may,  within  a  period  of  thirty  days  from  such 
decision, prefer an appeal to the High Court of the State in which the Board is situated: 

Provided  that  the  High  Court  may  entertain  an  appeal  after  the  expiry  of  the  said  period  of  thirty 
days,  if  it  is  satisfied  that  the  appellant  had  sufficient  cause  for  not  preferring  the  appeal  within  the 
period of thirty days. 

84.  Grants  by  Central  Government.—(1)  The  Central  Government  may,  make  to  the  Central 
Authority grants of such sums of money as the Central Government may think fit for being utilised for 
the purposes of this Act. 

(2) The grants referred to in sub-section (1) shall be applied for,— 

(a) meeting the salary, allowances and other remuneration of the chairperson, members, officers 

and other employees of the Central Authority; 

(b) meeting the salary, allowances and other remuneration of the chairperson, members, officers 

and other employees of the Boards; and 

(c)  the  expenses  of  the  Central  Authority  and  the  Boards  incurred  in  the  discharge  of  their 

functions and for the purposes of this Act. 

CHAPTER XII 

ADMISSION, TREATMENT AND DISCHARGE 

85.  Admission  of  person  with  mental  illness  as  independent  patient  in  mental  health 
establishment.—(1) For the purposes of this Act, “independent patient or an independent admission” 
refers  to  the  admission  of  person  with  mental  illness,  to  a  mental  health  establishment,  who  has  the 

33 

 
capacity  to  make  mental  healthcare  and  treatment  decisions  or  requires  minimal  support  in  making 
decisions. 

(2)  All  admissions  in  the  mental  health  establishment  shall,  as  far  as  possible,  be  independent 

admissions except when such conditions exist as make supported admission unavoidable. 

86.  Independent  admission  and  treatment.—(1)  Any  person,  who  is  not  a  minor  and  who 
considers himself to have a mental illness and desires to be admitted to any mental health establishment 
for  treatment  may  request  the  medical  officer  or  mental  health  professional  in  charge  of  the 
establishment to be admitted as an independent patient. 

(2)  On  receipt  of  such  request  under  sub-section  (1),  the  medical  officer  or  mental  health 
professional  in  charge  of  the  establishment  shall  admit  the  person  to the  establishment  if  the  medical 
officer or mental health professional is satisfied that— 

(a)  the  person  has  a  mental  illness  of  a  severity  requiring  admission  to  a  mental  health 

establishment; 

(b) the person with mental illness is likely to benefit from admission and treatment to the mental 

health establishment; 

(c)  the  person  has  understood  the  nature  and  purpose  of  admission  to  the  mental  health 
establishment, and has made the request for admission of his own free will, without any duress or 
undue  influence  and  has  the  capacity  to  make  mental  healthcare  and  treatment  decisions  without 
support or requires minimal support from others in making such decisions. 

(3) If a person is unable to understand the purpose, nature, likely effects of proposed treatment and of 
the probable result of not accepting the treatment or requires a very high level of support approaching 
hundred  per  cent.  support  in  making  decisions,  he  or  she  shall  be  deemed  unable  to  understand  the 
purpose of the admission and therefore shall not be admitted as independent patient under this section. 

(4) A person admitted as an independent patient to a mental health establishment shall be bound to 

abide by order and instructions or bye-laws of the mental health establishment. 

(5) An independent patient shall not be given treatment without his informed consent. 

(6) The mental health establishment shall admit an independent patient on his own request, and shall 
not  require  the  consent  or  presence  of  a  nominated  representative  or  a  relative  or  care-giver  for 
admitting the person to the mental health establishment. 

(7)  Subject  to  the  provisions  contained  in  section  88  an  independent  patient  may  get  himself 
discharged from the  mental health establishment without the consent of the medical officer or mental 
health professional in charge of such establishment. 

87. Admission of minor.—(1) A minor may be admitted to a mental health establishment only after 

following the procedure laid down in this section. 

(2)  The  nominated  representative  of  the  minor  shall  apply  to  the  medical  officer  in  charge  of  a 

mental health establishment for admission of the minor to the establishment. 

(3) Upon receipt of such an application, the medical officer or mental health professional in charge 
of the mental health establishment may admit such a minor to the establishment, if two psychiatrists, or 
one  psychiatrist  and  one  mental  health  professional  or  one  psychiatrist  and  one  medical  practitioner, 
have  independently  examined  the  minor  on  the  day  of  admission  or  in  the  preceding  seven  days  and 
both independently conclude based on the examination and, if appropriate, on information provided by 
others, that,— 

(a)  the  minor  has  a  mental  illness  of  a  severity  requiring  admission  to  a  mental  health 

establishment; 

34 

 
(b) admission shall be in the best interests of the minor, with regard to his health, well-being or 
safety, taking into account the wishes of the minor if ascertainable and the reasons for reaching this 
decision; 

(c) the mental healthcare needs of the minor cannot be fulfilled unless he is admitted; and 

(d)  all  community  based  alternatives  to  admission  have  been  shown  to  have  failed  or  are 

demonstrably unsuitable for the needs of the minor. 

(4) A minor so admitted shall be accommodated separately from adults, in an environment that takes 
into account his age and developmental needs and is at least of the same quality as is provided to other 
minors admitted to hospitals for other medical treatments. 

(5)  The  nominated  representative  or  an  attendant  appointed  by  the  nominated  representative  shall 
under all circumstances stay with the minor in the mental health establishment for the entire duration of 
the admission of the minor to the mental health establishment. 

(6) In the case of minor girls, where the nominated representative is male, a female attendant shall be 
appointed by the nominated representative and under all circumstances shall stay with the minor girl in 
the mental health establishment for the entire duration of her admission. 

(7) A minor shall be given treatment with the informed consent of his nominated representative. 

(8) If the nominated representative no longer supports admission of the minor under this section or 
requests discharge of the minor from the mental health establishment, the minor shall be discharged by 
the mental health establishment. 

(9)  Any  admission  of  a  minor  to  a  mental  health  establishment  shall  be  informed  by  the  medical 
officer  or  mental  health  professional  in  charge  of  the  mental  health  establishment  to  the  concerned 
Board within a period of seventy-two hours. 

(10) The concerned Board shall have the right to visit and interview the minor or review the medical 

records if the Board desires to do so. 

(11)  Any  admission  of  a  minor  which  continues  for  a  period  of  thirty  days  shall  be  immediately 

informed to the concerned Board. 

(12) The concerned Board shall carry out a mandatory review within a period of seven days of being 

informed, of all admissions of minors continuing beyond thirty days and every subsequent thirty days. 

(13)  The  concerned  Board  shall  at  minimum,  review  the  clinical  records  of  the  minor  and  may 

interview the minor if necessary. 

88.  Discharge  of independent  patients.—(1) The medical officer or mental health professional in 
charge of a mental health establishment shall discharge from the mental health establishment any person 
admitted under section 86 as an independent patient immediately on request made by such person or if 
the person disagrees with his admission under section 86 subject to the provisions of sub-section (3). 

(2) Where a minor has been admitted to a mental health establishment under section 87 and attains 
the  age  of  eighteen  years  during  his  stay  in  the  mental  health  establishment,  the  medical  officer  in 
charge of the mental health establishment shall classify him as an independent patient under section 86 
and all provisions of this Act as applicable to independent patient who is not minor, shall apply to such 
person. 

(3)  Notwithstanding  anything  contained  in  this  Act,  a  mental  health  professional  may  prevent 
discharge of a person admitted as an independent person under section 86 for a period of twenty-four 
hours  so  as  to  allow  his  assessment  necessary  for  admission  under  section  89  if  the  mental  health 
professional is of the opinion that— 

(a)  such  person  is  unable  to  understand  the  nature  and  purpose  of  his  decisions  and  requires 

substantial or very high support from his nominated representative; or 

35 

 
(b) has recently threatened or attempted or is threatening or attempting to cause bodily harm to 

himself; or 

(c)  has  recently  behaved  or  is  behaving  violently  towards  another  person  or  has  caused  or  is 

causing another person to fear bodily harm from him; or 

(d) has recently shown or is showing an inability to care for himself to a degree that places the 

individual at risk of harm to himself. 

(4)  The  person  referred  to  in  sub-section  (3)  shall  be  either  admitted  as  a  supported  patient  under 
section 89, or discharged from the establishment within a period of twenty-four hours or on completion 
of assessments for admission for a supported patient under section 89, whichever is earlier. 

 89.  Admission  and  treatment  of  persons  with  mental  illness,  with  high  support  needs,  in 
mental health establishment, up to thirty days (supported admission).—(1) The medical officer or 
mental health professional in charge of a mental health establishment shall admit every such person to 
the establishment, upon application by  the nominated  representative  of the  person,  under this  section, 
if— 

(a)  the  person  has  been  independently  examined  on  the  day  of  admission  or  in  the  preceding 
seven  days,  by  one  psychiatrist  and  the  other  being  a  mental  health  professional  or  a  medical 
practitioner,  and  both  independently  conclude  based  on  the  examination  and,  if  appropriate,  on 
information provided by others, that the person has a mental illness of such severity that the person,-- 

(i) has recently threatened or attempted or is threatening or attempting to cause bodily harm to 

himself; or 

(ii) has recently behaved or is behaving violently towards another person or has caused or is 

causing another person to fear bodily harm from him; or 

(iii) has recently shown or is showing an inability to care for himself to a degree that places 

the individual at risk of harm to himself; 

(b) the psychiatrist or the mental health professionals or the medical practitioner, as the case may 
be, certify, after taking into account an advance directive, if any, that admission to the mental health 
establishment is the least restrictive care option possible in the circumstances; and 

(c)  the  person  is  ineligible  to  receive  care  and  treatment  as  an  independent  patient  because  the 
person  is  unable  to  make  mental  healthcare  and  treatment  decisions independently  and  needs  very 
high support from his nominated representative in making decisions. 

(2) The admission of a person with mental illness to a mental health establishment under this section 

shall be limited to a period of thirty days. 

(3) At the end of the period mentioned under sub-section (2), or earlier, if the person no longer meets 
the  criteria  for  admission  as  stated  in  sub-section  (1),  the  patient  shall  no  longer  remain  in  the 
establishment under this section. 

(4) On the expiry of the period of thirty days referred to in sub-section (2), the person may continue 

to remain admitted in the mental health establishment in accordance with the provisions of section 90. 

(5) If the conditions under section 90 are not met, the person may continue to remain in the mental 
health establishment as an independent patient under section 86 and the medical officer or mental health 
professional in charge of the mental health establishment shall inform the person of his admission status 
under this Act, including his right to leave the mental health establishment. 

(6)  Every  person  with  mental  illness  admitted  under  this  section  shall  be  provided  treatment  after 

taking into account,— 

(a) an advance directive if any; or 

36 

 
(b) informed consent of the patient with the support of his nominated representative subject to the 

provisions of sub-section (7). 

(7) If a person with the mental illness admitted under this section requires nearly hundred per cent. 
support  from  his  nominated  representative  in  making  a  decision  in  respect  of  his  treatment,  the 
nominated representative may temporarily consent to the treatment plan of such person on his behalf. 

(8) In case where consent has been given under sub-section (7), the medical officer or mental health 
professional  in  charge  of  the  mental  health  establishment  shall  record  such  consent  in  the  medical 
records and review the capacity of the patient to give consent every seven days. 

(9) The  medical  officer or  mental  health professional  in charge  of the  mental health  establishment 

shall report the concerned Board,— 

(a) within three days the admissions of a woman or a minor; 

(b) within seven days the admission of any person not being a woman or minor. 

(10)  A  person  admitted  under  this  section  or  his  nominated  representative  or  a  representative  of  a 
registered non-governmental organisation with the consent of the person, may apply to the concerned 
Board for review of the decision of the medical officer or mental health professional in charge of the 
mental health establishment to admit the person to the mental health establishment under this section. 

(11)  The  concerned  Board  shall  review  the  decision  of  the  medical  officer  or  mental  health 
professional in charge of the mental health establishment and give its findings thereon within seven days 
of receipt of request for such review which shall be binding on all the concerned parties. 

(12)  Notwithstanding  anything  contained  in  this  Act,  it  shall  be  the  duty  of  the  medical  officer  or 
mental  health  professional  in  charge  of  the  mental  health  establishment  to  keep  the  condition  of  the 
person with mental illness admitted under this section on going review. 

(13) If the medical officer or mental health professional in charge of the mental health establishment 
is of the opinion that the conditions specified under sub-section (1) are no longer applicable, he shall 
terminate  the  admission  under  this  section,  and  inform  the  person  and  his  nominated  representative 
accordingly. 

(14) Non applicability of conditions referred to in sub-section (13) shall not preclude the person with 

mental illness remaining as an independent patient. 

(15) In a case, a person with the mental illness admitted under this section has been discharged, such 
person  shall  not  be  readmitted  under  this  section  within  a  period  of  seven  days  from  the  date  of  his 
discharge. 

(16) In case a person referred to in sub-section (15) requires readmission within a period of seven 
days referred to in that sub-section, such person shall be considered for readmission in accordance with 
the provisions of section 90. 

(17) If the medical officer or mental health professional in charge of the mental health establishment 
is  of  the  opinion  that  the  person  with  mental  illness  admitted  under  this  section  in  the  mental  health 
establishment  requires  or  is  likely  to  require  further  treatment  beyond  the  period  of  thirty  days,  then 
such  medical  officer  or  mental  health  professional  shall  be  duty  bound  to  refer  the  matter  to  be 
examined by two psychiatrists for his admission beyond thirty days. 

90. Admission and treatment of persons with mental illness, with high support needs, in mental 
health  establishment,  beyond  thirty  days  (supported  admission  beyond  thirty  days).—(1)  If  a 
person  with  mental  illness  admitted  under  section  89  requires  continuous  admission  and  treatment 
beyond  thirty  days  or  a  person  with  mental  illness  discharged  under  sub-section  (15)  of  that  section 
requires readmission within seven days of such discharge, he shall be admitted in accordance with the 
provisions of this section. 

37 

 
(2)  The  medical  officer  or  mental  health  professional  in  charge  of  a  mental  health  establishment, 
upon  application  by  the  nominated  representative  of  a  person  with  mental  illness,  shall  continue 
admission of such person with mental illness, if— 

(a) two psychiatrists have independently examined the person with mental illness in the preceding 
seven days and both independently conclude based on the examination and, on information provided 
by others that the person has a mental illness of a severity that the person— 

(i) has consistently over time threatened or attempted to cause bodily harm to himself; or 

(ii)  has  consistently  over  time  behaved  violently  towards  another  person  or  has  consistently 

over time caused another person to fear bodily harm from him; or 

(iii) has consistently over time shown an inability to care for himself to a degree that places 

the individual at risk of harm to himself; 

(b) both psychiatrists, after taking into account an advance directive, if any, certify that admission 
to a mental health establishment is the least restrictive care option possible under the circumstances; 
and 

(c)  the  person  continues  to  remain  ineligible  to  receive  care  and  treatment  as  a  independent 
patient  as  the  person  cannot  make  mental  healthcare  and  treatment  decisions  independently  and 
needs very high support from his nominated representative, in making decisions. 

(3) The  medical  officer or  mental  health professional  in charge  of the  mental health  establishment 
shall  report  all  admissions  or  readmission  under  this  section,  within  a  period  of  seven  days  of  such 
admission or readmission, to the concerned Board. 

(4)  The  Board  shall,  within  a  period  of  twenty-one  days  from  the  date  of  last  admission  or 
readmission of person with mental illness under this section, permit such admission or readmission or 
order discharge of such person. 

(5)  While  permitting  admission  or  readmission  or  ordering  discharge  of  such  person  under                 

sub-section (4), the Board shall examine— 

(a) the need for institutional care to such person; 

(b) whether such care cannot be provided in less restrictive settings based in the community. 

(6) In all cases of application for readmission or continuance of admission of a person with mental 
illness in the mental health establishment under this section, the Board may require the medical officer 
or psychiatrist in charge of treatment of such person with mental illness to submit a plan for community 
based treatment and the progress made, or likely to be made, towards realising this plan. 

(7) The person referred to in sub-section (4) shall not be permitted to continue in the mental health 
establishment  in  which  he had  been  admitted  or  his readmission  in  such  establishment  merely  on  the 
ground of non-existence of community based services at the place where such person ordinarily resides. 

(8) The admission of a person with mental illness to a mental health establishment under this section 

shall be limited to a period up to ninety days in the first instance. 

(9) The admission of a person with mental illness to a mental health establishment under this section 
beyond the period of ninety days may be extended for a period of one hundred and twenty days at the 
first instance and thereafter for a period of one hundred and eighty days each time after complying with 
the provisions of sub-sections (1) to (7). 

(10)  If  the  Board  refuses  to  permit  admission  or  continuation  thereof  or  readmission  under               

sub-section (9), or on the expiry of the periods referred to in sub-section (9) or earlier if such person no 
longer falls within the criteria for admission under sub-section (1), such person shall be discharged from 
such mental health establishment. 

38 

 
(11) Every person with mental illness admitted under this section shall be provided treatment, after 

taking into account— 

(a) an advance directive; or 

(b) informed consent of the person with the support from his nominated representative subject to 

the provision of sub-section (12). 

(12)  If  a  person  with  mental  illness  admitted  under  this  section,  requires  nearly  hundred  per  cent. 
support from his nominated representative, in making decision in respect of his treatment, the nominated 
representative may temporarily consent to the treatment plan of such person on his behalf. 

(13) In a case where consent has been given under sub-section (12), the medical officer or mental 
health professional in charge of the mental health establishment shall record such consent in the medical 
records of such person with mental illness and review on the expiry of every fortnight, the capacity of 
such person to give consent. 

(14) A person with mental illness admitted under this section, or his nominated representative or a 
representative of a registered non-governmental organisation with the consent of the person, may apply 
to the concerned Board for review of the decision of the medical officer or mental health professional in 
charge of medical health establishment to admit such person in such establishment and the decision of 
the Board thereon shall be binding on all parties. 

(15)  Notwithstanding  anything  contained  in  this  Act,  if  the  medical  officer  or  mental  health 
professional  in  charge  of  the  mental  health  establishment  is  of  the  opinion  that  the  conditions  under  
sub-section  (1)  are  no  longer  applicable,  such  medical  officer  or  mental  health  professional  shall 
discharge  such  person  from  such  establishment  and  inform  such  person  and  his  nominated 
representative accordingly. 

(16)  The  person  with  mental  illness  referred  to  in  sub-section  (15)  may  continue  to  remain  in  the 

mental health establishment as an independent patient. 

91.  Leave  of  absence.—The medical officer or mental health professional in charge of the mental 
health  establishment  may  grant  leave  to  any  person  with  mental  illness  admitted  under  section  87  or 
section 89 or section 90, to be absent from the establishment subject to such conditions, if any, and for 
such duration as such medical officer or psychiatrist may consider necessary. 

92.    Absence  without  leave  or  discharge.—If  any  person  to  whom  section  103  applies  absents 
himself without leave or without discharge from the mental health establishment, he shall be taken into 
protection by any Police Officer at the request of the medical officer or mental health professional in-
charge  of  the  mental  health  establishment  and  shall  be  sent  back  to  the  mental  health  establishment 
immediately. 

93.  Transfer  of  persons with  mental  illness from one  mental  health  establishment  to  another 
mental  health  establishment.—(1)  A  person  with  mental  illness  admitted  to  a  mental  health 
establishment  under  section  87  or  section  89  or  section  90  or  section  103,  as  the  case  may  be,  may 
subject to any general or special order of the Board be removed from such mental health establishment 
and admitted to another mental health establishment within the State or with the consent of the Central 
Authority to any mental health establishment in any other State: 

Provided that no person with mental illness admitted to a mental health establishment under an order 
made  in  pursuance  of  an  application  made  under  this  Act  shall  be  so  removed  unless  intimation  and 
reasons  for  the  transfer  have  been  given  to  the  person  with  mental  illness  and  his  nominated 
representative. 

(2)  The  State  Government  may  make  such  general  or  special  order  as  it  thinks  fit  directing  the 
removal of any prisoner with mental illness from the place where he is for the time being detained, to 
any  mental  health  establishment  or  other  place  of  safe  custody  in  the  State  or  to  any  mental  health 
establishment or other place of safe custody in any other State with the consent of the Government of 
that other State. 

39 

 
94.  Emergency  treatment.—(1)  Notwithstanding  anything  contained  in  this  Act,  any  medical 
treatment,  including  treatment  for  mental  illness,  may  be  provided  by  any  registered  medical 
practitioner to a person with mental illness either at a health establishment or in the community, subject 
to  the  informed  consent  of  the  nominated  representative,  where  the  nominated  representative  is 
available, and where it is immediately necessary to prevent— 

(a) death or irreversible harm to the health of the person; or 

(b) the person inflicting serious harm to himself or to others; or 

(c) the person causing serious damage to property belonging to himself or to others where such 

behaviour is believed to flow directly from the person's mental illness. 

Explanation.—For the purposes of this section, “emergency treatment” includes transportation of the 

person with mental illness to a nearest mental health establishment for assessment. 

(2) Nothing in this section shall allow any medical officer or psychiatrist to give to the person with 
mental  illness  medical  treatment  which  is  not  directly  related  to  the  emergency  treatment  specified 
under sub-section (1). 

(3) Nothing in this section shall allow any medical officer or psychiatrist to use electro-convulsive 

therapy as a form of treatment. 

(4) The emergency treatment referred to in this section shall be limited to seventy-two hours or till 

the person with mental illness has been assessed at a mental health establishment, whichever is earlier: 

Provided that during a disaster or emergency declared by the appropriate Government, the period of 

emergency treatment referred to in this sub-section may extend up to seven days. 

95.  Prohibited  procedures.—(1)  Notwithstanding  anything  contained  in  this  Act,  the  following 

treatments shall not be performed on any person with mental illness— 

(a) electro-convulsive therapy without the use of muscle relaxants and anaesthesia; 

(b) electro-convulsive therapy for minors; 

(c) sterilisation of men or women, when such sterilisation is intended as a treatment for mental 

illness; 

(d) chained in any manner or form whatsoever. 

(2) Notwithstanding anything contained in sub-section (1), if, in the opinion of psychiatrist in charge 
of a minor's treatment, electro-convulsive therapy is required, then, such treatment shall be done with 
the informed consent of the guardian and prior permission of the concerned Board. 

96. Restriction on psychosurgery for persons with mental illness.—(1) Notwithstanding anything 

contained in this Act, psychosurgery shall not be performed as a treatment for mental illness unless— 

(a) the informed consent of the person on whom the surgery is being performed; and 

(b) approval from the concerned Board to perform the surgery, 

has been obtained. 

(2) The Central Authority may make regulations for the purpose of carrying out the provisions of this 

section. 

97. Restraints and seclusion.—(1) A person with mental illness shall not be subjected to seclusion 

or solitary confinement, and, where necessary, physical restraint may only be used when,— 

(a) it is the only means available to prevent imminent and immediate harm to person concerned or 

to others; 

(b)  it  is  authorised  by  the  psychiatrist  in  charge  of  the  person's  treatment  at  the  mental  health 

establishment. 

40 

 
(2) Physical restraint shall not be used for a period longer than it is absolutely necessary to prevent 

the immediate risk of significant harm. 

(3) The  medical  officer or  mental  health professional  in charge  of the  mental health  establishment 
shall be responsible for ensuring that the method, nature of restraint justification for its imposition and 
the duration of the restraint are immediately recorded in the person's medical notes. 

(4) The restraint shall not be used as a form of punishment or deterrent in any circumstance and the 
mental  health  establishment  shall  not  use  restraint  merely  on  the  ground  of  shortage  of  staff  in  such 
establishment. 

(5)  The  nominated  representative  of  the  person  with  mental  illness  shall  be  informed  about  every 

instance of restraint within a period of twenty-four hours. 

(6) A person who is placed under restraint shall be kept in a place where he can cause no harm to 
himself or others and under regular ongoing supervision of the medical personnel at the mental health 
establishment. 

(7) The mental health establishment shall include all instances of restraint in the report to be sent to 

the concerned Board on a monthly basis. 

(8) The Central Authority may make regulations for the purpose of carrying out the provisions of this 

section. 

(9) The Board may order a mental health establishment to desist from applying restraint if the Board 
is of the opinion that the mental health establishment is persistently and wilfully ignoring the provisions 
of this section. 

98.  Discharge  planning.—(1)  Whenever  a  person  undergoing  treatment  for  mental  illness  in  a 
mental  health  establishment  is  to  be  discharged  into  the  community  or  to  a  different  mental  health 
establishment or where a new psychiatrist is to take responsibility of the person's care and treatment, the 
psychiatrist who has been responsible for the person's care and treatment shall consult with the person 
with  mental  illness,  the  nominated  representative,  the  family  member  or  care-giver  with  whom  the 
person  with  mental  illness shall reside on  discharge  from  the  hospital,  the  psychiatrist  expected to  be 
responsible  for  the  person's  care  and  treatment  in  the  future,  and  such  other  persons  as  may  be 
appropriate, as to what treatment or services would be appropriate for the person. 

(2) The psychiatrist responsible for the person's care shall in consultation with the persons referred to 
in sub-section (1) ensure that a plan is developed as to how treatment or services shall be provided to the 
person with mental illness. 

(3)  The  discharge  planning  under  this  section  shall  apply  to  all  discharges  from  a  mental  health 

establishment. 

99.  Research.—(1)  The  professionals  conducting  research  shall  obtain  free  and  informed  consent 
from all persons with mental illness for participation in any research involving interviewing the person 
or psychological, physical, chemical or medicinal interventions. 

(2) In case of research involving any psychological, physical, chemical or medicinal interventions to 
be conducted on person who is unable to give free and informed consent but does not resist participation 
in such research, permission to conduct such research shall be obtained from concerned State Authority.  

(3) The State Authority may allow the research to proceed based on informed consent being obtained 
from  the  nominated  representative  of  persons  with  mental  illness,  if  the  State  Authority  is  satisfied      
that–– 

(a)  the  proposed  research  cannot  be  performed  on  persons  who  are  capable  of  giving  free  and 

informed consent; 

(b) the proposed research is necessary to promote the mental health of the population represented 

by the person; 

41 

 
(c) the purpose of the proposed research is to obtain knowledge relevant to the particular mental 

health needs of persons with mental illness; 

(d) a full disclosure of the interests of persons and organisations conducting the proposed research 

is made and there is no conflict of interest involved; and 

(e)  the  proposed  research  follows  all  the  national  and  international  guidelines  and  regulations 
concerning the conduct of such research and ethical approval has been obtained from the institutional 
ethics committee where such research is to be conducted. 

(4) The provisions of this section shall not restrict research based study of the case notes of a person 

who is unable to give informed consent, so long as the anonymity of the persons is secured. 

(5) The person with mental illness or the nominated representative who gives informed consent for 
participation in any research under this Act may withdraw the consent at any time during the period of 
research. 

CHAPTER XIII 

RESPONSIBILITIES OF OTHER AGENCIES 

100.  Duties  of  police  officers  in  respect  of  persons  with  mental  illness.—(1)  Every  officer          

in-charge of a police station shall have a duty— 

(a) to take under protection any person found wandering at large within the limits of the police 
station whom the officer has reason to believe has mental illness and is incapable of taking care of 
himself; or 

(b) to take under protection any person within the limits of the police station whom the officer has 

reason to believe to be a risk to himself or others by reason of mental illness. 

(2)  The  officer  in-charge  of  a  police  station  shall  inform  the  person  who  has  been  taken  into 
protection  under  sub-section  (1),  the  grounds  for  taking  him  into  such  protection  or  his  nominated 
representative, if in the opinion of the officer such person has difficulty in understanding those grounds. 

(3)  Every  person  taken  into  protection  under  sub-section  (1)  shall  be  taken  to  the  nearest  public 
health  establishment  as  soon  as  possible  but  not  later  than  twenty-four  hours  from  the  time  of  being 
taken into protection, for assessment of the person's healthcare needs. 

(4) No person taken into protection under sub-section (1) shall be detained in the police lock up or 

prison in any circumstances. 

(5)  The  medical  officer  in-charge  of  the  public  health  establishment  shall  be  responsible  for 
arranging the assessment of the person and the needs of the person with mental illness will be addressed 
as per other provisions of this Act as applicable in the particular circumstances. 

(6)  The  medical  officer  or  mental  health  professional  in-charge  of  the  public  mental  health 
establishment if on assessment of the person finds that such person does not have a mental illness of a 
nature or degree requiring admission to the mental health establishment, he shall inform his assessment 
to the police officer who had taken the person into protection and the police officer shall take the person 
to the person's residence or in case of homeless persons, to a Government establishment for homeless 
persons. 

(7) In case of a person with mental illness who is homeless or found wandering in the community, a 
First  Information  Report  of  a  missing  person  shall  be  lodged  at  the  concerned  police  station  and  the 
station house officer shall have a duty to trace the family of such person and inform the family about the 
whereabouts of the person. 

101. Report to Magistrate of person with mental illness in private residence who is ill-treated 
or neglected.—(1) Every officer in-charge of a police station, who has reason to believe that any person 
residing within the limits of the police station has a mental illness and is being ill-treated or neglected, 

42 

 
shall forthwith report the fact to the Magistrate within the local limits of whose jurisdiction the person 
with mental illness resides. 

(2) Any person who has reason to believe that a person has mental illness and is being ill-treated or 
neglected by any person having responsibility for care of such person, shall report the fact to the police 
officer in-charge of the police station within whose jurisdiction the person with mental illness resides. 

(3) If the Magistrate has reason to believe based on the report of a police officer or otherwise, that 
any person with mental illness within the local limits of his jurisdiction is being ill-treated or neglected, 
the Magistrate may cause the person with mental illness to be produced before him and pass an order in 
accordance with the provisions of section 102. 

102.  Conveying  or  admitting  person  with  mental  illness  to  mental  health  establishment  by 
Magistrate.—(1) When any person with mental illness or who may have a mental illness appears or is 
brought before a Magistrate, the Magistrate may, order in writing— 

(a)  that  the  person  is  conveyed  to  a  public  mental  health  establishment  for  assessment  and 
treatment, if necessary and the mental health establishment shall deal with such person in accordance 
with the provisions of the Act; or 

(b) to authorise the admission of the person with mental illness in a mental health establishment 
for such period not exceeding ten days to enable the medical officer or mental health professional in 
charge of the mental health establishment to carry out an assessment of the person and to plan for 
necessary treatment, if any. 

(2) On completion of the period of assessment referred to in sub-section (1), the medical officer or 
mental  health  professional  in  charge  of  the  mental  health  establishment  shall  submit  a  report  to  the 
Magistrate and the person shall be dealt with in accordance with the provisions of this Act. 

103.  Prisoners  with  mental  illness.—(1)  An  order  under section  30 of  the  Prisoners  Act,  1900             

(3 of 1900) or under section 144 of the Air Force Act, 1950 (45 of 1950), or under section 145 of the 
Army Act, 1950 (46 of 1950), or under section 143 or section 144 of the Navy Act, 1957 (62 of 1957), 
or under section 330 or section 335 of the Code of Criminal Procedure, 1973 (2 of 1974), directing the 
admission  of  a  prisoner  with  mental  illness  into  any  suitable  mental  health  establishment,  shall  be 
sufficient authority for the admission of such person in such establishment to which such person may be 
lawfully transferred for care and treatment therein: 

Provided that transfer of a prisoner with mental illness to the psychiatric ward in the medical wing of 

the prison shall be sufficient to meet the requirements under this section: 

Provided  further  that  where  there  is  no  provision  for  a  psychiatric  ward  in  the  medical  wing,  the 

prisoner may be transferred to a mental health establishment with prior permission of the Board. 

(2) The method, modalities and procedure by which the transfer of a prisoner under this section is to 

be effected shall be such as may be prescribed. 

(3)  The  medical  officer  of  a  prison  or  jail  shall  send  a  quarterly  report  to  the  concerned  Board 

certifying therein that there are no prisoners with mental illness in the prison or jail. 

(4) The Board may  visit the prison or jail and ask the medical officer as to why the prisoner with 
mental illness, if any, has been kept in the prison or jail and not transferred for treatment to a mental 
health establishment. 

(5) The medical officer in-charge of a mental health establishment wherein any person referred to in 
sub-section (1) is detained, shall once in every six months, make a special report regarding the mental 
and physical condition of such person to the authority under whose order such person is detained. 

(6) The appropriate Government shall setup mental health establishment in the medical wing of at 
least one prison in each State and Union territory and prisoners with mental illness may ordinarily be 
referred to and cared for in the said mental health establishment. 

43 

 
(7)  The  mental  health  establishment  setup  under  sub-section  (5)  shall  be  registered  under  this  Act 
with  the  Central  or  State  Mental  Health  Authority,  as  the  case  may  be,  and  shall  conform  to  such 
standards and procedures as may be prescribed. 

104.  Persons  in  custodial  institutions.—(1)  If  it  appears  to  the  person  in-charge  of  a  State  run 
custodial  institution  (including  beggars  homes,  orphanages,  women's  protection  homes  and  children 
homes) that any resident of the institution has, or is likely to have, a mental illness, then, he shall take 
such  resident  of  the  institution  to  the  nearest  mental  health  establishment  run  or  funded  by  the 
appropriate Government for assessment and treatment, as necessary. 

(2)  The  medical  officer  in-charge  of  a  mental  health  establishment  shall  be  responsible  for 
assessment  of  the  person  with  mental  illness,  and  the  treatment  required  by  such  persons  shall  be 
decided in accordance with the provisions of this Act. 

105.  Question  of  mental  illness  in  judicial  process.—If  during  any  judicial  process  before  any 
competent court, proof of mental illness is produced and is challenged by the other party, the court shall 
refer the same for further scrutiny to the concerned Board and the Board shall, after examination of the 
person  alleged  to  have  a  mental  illness  either  by  itself  or  through  a  committee  of  experts,  submit  its 
opinion to the court. 

CHAPTER XIV 

RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONAL NOT COVERED BY PROFESSION 

106. Restriction to discharge functions by professionals not covered by profession.—No mental 
health  professional  or  medical  practitioner  shall  discharge  any  duty  or  perform  any  function  not 
authorised by this Act or specify or recommend any medicine or treatment not authorised by the field of 
his profession. 

CHAPTER XV 

OFFENCES AND PENALTIES 

107. Penalties for establishing or maintaining mental health establishment in contravention of 
provisions of this Act.—(1) Whoever carries on a mental health establishment without registration shall 
be liable to a penalty which shall not be less than five thousand rupees but which may extend to fifty 
thousand rupees for first contravention or a penalty which shall not be less than fifty thousand rupees 
but which may extend to two lakh rupees for a second contravention or a penalty which shall not be less 
than two lakh rupees but which may extend to five lakh rupees for every subsequent contravention. 

(2)  Whoever  knowingly  serves  in  the  capacity  as  a  mental  health  professional  in  a  mental  health 
establishment which is not registered under this Act, shall be liable to a penalty which may extend to 
twenty-five thousand rupees. 

(3) Save as otherwise provided in this Act, the penalty under this section shall be adjudicated by the 

State Authority. 

(4)  Whoever  fails  to  pay  the  amount  of  penalty,  the  State  Authority  may  forward  the  order  to  the 
Collector of the district in which such person owns any property or resides or carries on his business or 
profession  or  where  the  mental  health  establishment  is  situated,  and  the  Collector  shall  recover  from 
such persons or mental health establishment the amount specified thereunder, as if it were an arrear of 
land revenue. 

(5)  All  sums  realised  by  way  of  penalties  under  this Chapter  shall  be  credited to  the  Consolidated 

Fund of India. 

108.  Punishment  for  contravention  of  provisions  of  the  Act  or  rules  or  regulations  made 
thereunder.—Any  person  who  contravenes  any  of  the  provisions  of  this  Act,  or  of  any  rule  or 
regulation  made  thereunder  shall  for  first  contravention  be  punishable  with  imprisonment  for  a  term 
which may extend to six months, or with a fine which may extend to ten thousand rupees or with both, 
and for any subsequent contravention with imprisonment for a term which may extend to two years or 

44 

 
with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees or 
with both. 

109.    Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who  at  the  time  the  offence  was  committed  was  in-charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, 
shall  be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act, if he proves that the offence was committed without his knowledge or 
that he has exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other 
officer  of  the  company,  such  director,  manager,  secretary  or  other  officer  shall  also  be  deemed  to  be 
guilty of the offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

CHAPTER XVI 

MISCELLANEOUS 

110.  Power  to  call  for  information.—(1)  The  Central  Government  may,  by  a  general  or  special 
order,  call  upon  the  Authority  or  the  Board  to  furnish,  periodically  or  as  and  when  required  any 
information concerning the activities carried on by the Authority or the Board, as the case may be, in 
such form as may be prescribed, to enable that Government, to carry out the purposes of this Act. 

(2) The State Government may, by a  general or special order, call upon the State Authority or the 
Board to furnish, periodically or as and when required any information concerning the activities carried 
on by the State Authority or the Board in such form as may be prescribed, to enable that Government, to 
carry out the purposes of this Act. 

111.  Power  of  Central  Government to  issue  directions.—(1) Without prejudice to the foregoing 
provisions of this Act, the Authority shall, in exercise of its powers or the performance of its functions 
under this Act, be bound by such directions on questions of policy, other than those relating to technical 
and administrative matters, as the Central Government may give in writing to it from time to time: 

Provided that the Authority shall, as far as practicable, be given an opportunity to express its views 

before any direction is given under this sub-section. 

(2) The decision of the Central Government whether a question is one of policy or not shall be final. 

112.  Power  of  Central  Government  to  supersede  Central  Authority.—(1)  If  at  any  time  the 

Central Government is of the opinion— 

(a) that on account of circumstances beyond the control of the Central Authority, it is unable to 
discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or 

(b) that the Central Authority has persistently defaulted in complying with any direction given by 
the  Central  Government  under  this  Act  or  in  the  discharge  of  the  functions  or  performance  of  the 
duties imposed on it by or under the provisions of this Act; or 

(c) that circumstances exist which render it necessary in the public interest so to do, 

45 

 
the  Central  Government  may,  by  notification  and  for  reasons  to  be  specified  therein,  supersede  the 
Central Authority for such period, not exceeding six months, as may be specified in the notification: 

Provided that before issuing any such notification, the Central Government shall give a reasonable 
opportunity to the Central Authority to make representations against the proposed supersession and shall 
consider representations, if any, of the Central Authority. 

(2)  Upon  the  publication  of  a  notification  under  sub-section  (1),  superseding  the  Central              

Authority, — 

(a) the chairperson and other members shall, as from the date of supersession, vacate their offices 

as such; 

(b)  all  the  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  this  Act,  be 
exercised or discharged by or on behalf of the Central Authority shall, until the Central Authority is 
reconstituted under sub-section (3), be exercised and discharged by the Central Government or such 
authority as the Central Government may specify in this behalf; 

(c) all properties owned or controlled by the Central Authority shall, until the Central Authority is 

reconstituted under sub-section (3), vest in the Central Government. 

(3) On or before the expiration of the period of supersession specified in the notification issued under 
sub-section (1), the Central Government shall reconstitute the Central Authority by a fresh appointment 
of  its  chairperson  and  other  members  and  in  such  case  any  person  who  had  vacated  his  office  under 
clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment. 

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report 
of any action taken under this section and the circumstances leading to such action to be laid before each 
House of Parliament at the earliest. 

113.  Power  of  State  Government  to  supersede  State  Authority.—(1)  If  at  any  time  the  State 

Government is of the opinion— 

(a)  that  on  account  of  circumstances  beyond  the  control  of  the  State  Authority,  it  is  unable  to 
discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or 

(b) that the State Authority has persistently defaulted in complying with any direction given by 
the State Government under this Act or in the discharge of the functions or performance of the duties 
imposed on it by or under the provisions of this Act; or 

(c) that circumstances exist which render it necessary in the public interest so to do, 

the State Government may, by notification and for reasons to be specified therein, supersede the State 
Authority for such period, not exceeding six months, as may be specified in the notification: 

Provided  that  before  issuing  any  such  notification,  the  State  Government  shall  give  a  reasonable 
opportunity to the State Authority to make representations against the proposed supersession and shall 
consider representations, if any, of the State Authority. 

(2) Upon the publication of a notification under sub-section (1) superseding the State Authority, — 

(a) the chairperson and other members shall, as from the date of supersession, vacate their offices 

as such; 

(b)  all  the  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  this  Act,  be 
exercised  or  discharged  by  or  on  behalf  of  the  State  Authority  shall,  until  the  State  Authority  is 
reconstituted  under  sub-section  (3),  be  exercised  and  discharged  by  the  State  Government  or  such 
authority as the State Government may specify in this behalf; 

(c)  all  properties  owned  or  controlled  by  the  State  Authority  shall,  until  the  State  Authority  is 

reconstituted under sub-section (3), vest in the State Government. 

46 

 
(3) On or before the expiration of the period of supersession specified in the notification issued under 
sub-section (1), the State Government shall reconstitute the State Authority by a fresh appointment of its 
chairperson and other members and in such case any person who had vacated his office under clause (a) 
of sub-section (2) shall not be deemed to be disqualified for re-appointment. 

(4) The State Government shall cause a notification issued under sub-section (1) and a full report of 
any action taken under this section and the circumstances leading to such action to be laid before the 
State Legislature at the earliest. 

114.  Special  provisions  for  States  in  north-east  and  hill  States.—(1)  Notwithstanding  anything 
contained  in  this  Act,  the  provisions  of  this  Act  shall,  taking  into  consideration  the  communication, 
travel  and  transportation  difficulties,  apply  to  the  States  of  Assam,  Meghalaya,  Tripura,  Mizoram, 
Manipur, Nagaland, Arunachal Pradesh and Sikkim, with following modifications, namely:— 

(a) under sub-section (3) of section 73, the chairperson of the Central Authority  may constitute 

one or more Boards for all the States; 

(b) in sub-section (2) of section 80, reference to the period of “seven days”, and in sub-section (3) 
of  that  section,  reference  to  the  period  of  “twenty-one  days”  shall  be  construed  as  “ten  days”  and 
“thirty days”, respectively; 

(c)  in  sub-section  (9)  of  section  87,  reference  to  the  period  of  “seventy-two  hours”  shall  be 
construed as “one hundred twenty hours”, and in sub-sections (3) and (12) of that section, reference 
to a period of “seven days” shall be construed as “ten days”; 

(d)  in  sub-section  (3)  of  section  88,  reference  to  the  period  of  “twenty-four  hours”  shall  be 

construed as” seventy-two hours”; 

(e) in clauses (a) and (b) of sub-section (9) of section 89, reference to the period of “three days” 

and “seven days” shall be construed as “seven days” and “ten days” respectively; 

(f) in sub-section (3) of section 90, reference to the period of “seven days” and in sub-section (4) 
of  that  section,  reference  to  the  period  of  “twenty-one  days”  shall  be  construed  as  “ten  days”  and 
“thirty days” respectively; 

(g)  in  sub-section  (4)  of  section  94,  reference  to  the  period  of  “seventy-two  hours”  shall  be 

construed as “one hundred twenty hours”. 

(2)  The  provisions  of  clauses  (b)  to  (g)  of  sub-section  (1)  shall  also  apply  to  the  States  of 
Uttarakhand,  Himachal  Pradesh  and  Jammu  and  Kashmir*  and  the  Union  territories  of  Lakshadweep 
and Andaman and Nicobar Islands. 

(3) The  provisions  of this section shall cease  to  have  effect  on  the  expiry  of  a period  of  ten  years 
from the commencement of this Act, except as respects things done or omitted to be done before such 
cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if 
this Act had then been repealed by a Central Act.  

115.  Presumption  of  severe  stress  in  case  of  attempt  to  commit  suicide.—(1)  Notwithstanding 
anything  contained  in section  309 of the  Indian  Penal  Code  (45  of  1860)  any  person  who  attempts  to 
commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried 
and punished under the said Code. 

(2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a 
person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of 
attempt to commit suicide. 

116.  Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding 

in respect of any matter which the Authority or the Board is empowered by or under this Act to 

*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of 

Jammu and Kashmir and the Union territory of Ladakh.

47 

 
 
determine, and no injunction shall be granted by any court or other authority in respect of any action 

taken or to be taken in pursuance of any power conferred by or under this Act. 

117.    Transitory  provisions.—The  Central  Government  may,  if  it  considers  so  necessary  in  the 
interest  of  persons  with  mental  illness  being  governed  by  the  Mental  Health  Act,  1987  (14  of  1987), 
take appropriate interim measures by making necessary transitory schemes. 

118.  Chairperson,  members  and  staff  of  Authority  and  Board  to  be  public  servants.—The 
chairperson, and other members and the officers and other employees of the Authority and Board shall 
be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

119. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the appropriate Government or against the chairperson or any other member of the Authority 
or the Board, as the case may be, for anything which is in good faith done or intended to be done in 
pursuance of this Act or any rule or regulation made thereunder in the discharge of official duties 

120.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  shall  have  overriding  effect 
notwithstanding anything inconsistent therewith contained in any other law for the time being in force 
or in any instrument having effect by virtue of any law other than this Act. 

121.  Power  of  Central  Government  and  State  Governments  to  make  rules.—(1)  The  Central 

Government may, by notification, make rules for carrying out the provisions of this Act. 

(2)  Subject  to  the  provisions  of  sub-section  (1),  the  State  Government  may,  with  the  previous 
approval of the Central Government, by notification, make rules for carrying out the provisions of this 
Act: 

Provided that the first rules shall be made by the Central Government, by notification. 

(3) In particular, and without prejudice to the generality of the foregoing power, rules made under 

sub-section (1) may provide for all or any of the following matters, namely:— 

(a)  qualifications  relating  to  clinical  psychologist  under  sub-clause  (ii)  of  clause  (f)  of                    

sub-section (1) of section 2; 

(b)  qualifications  relating  to  psychiatric  social  worker  under  clause  (w)  of  sub-section  (1)  of 

section 2; 

(c)  the  manner  of  nomination  of  members  of  the  Central  Authority  under  sub-section  (2)  of 

section 34; 

(d) the salaries and allowances payable to, and the other terms and conditions of service of, the 

chairperson and other members of the Central Authority under sub-section (3) of section 35; 

(e)  the  procedure  for  registration  (including  the  fees  to  be  levied  for  such  registration)  of  the 

mental health establishments under sub-section (2) of section 43; 

(f)  the  manner  of  nomination  of  members  of  the  State  Authority  under  sub-section  (2)  of            

section 46; 

(g) the salaries and allowances payable to, and the other terms and conditions of service of, the 

chairperson and other members of the State Authority under sub-section (3) of section 47; 

(h)  the  procedure  for  registration  (including  the  fees  to  be  levied  for  such  registration)  of  the 

mental health establishments under sub-section (2) of section 55; 

(i)  the  form  of  accounts  and  other  relevant  records  and  annual  statement  of  accounts  under             

sub-section (1) of section 59; 

(j) the form in, and the time within which, an annual report shall be prepared under section 60; 

48 

 
 
(k)  the  form  of  accounts  and  other  relevant  records  and  annual  statement  of  accounts  under              

sub-section (1) of section 63; 

(l) the form in, and the time within which, an annual report shall be prepared under section 64; 

(m) manner of constitution of the Board by the State Authority for a district or groups of districts 

in a State; 

(n)  other  disqualifications  of  chairperson  or  members  of  the  Board  under  clause  (e)  of              

sub-section (2) of section 82; 

(o) any other matter which is required to be, or may be, specified by rules or in respect for which 

provision is to be made by rules. 

(4) In particular, and without prejudice to the generality of the foregoing power, rules made under 

sub-section (2) may provide for all or any of the following matters, namely:— 

(a) the manner of proof of mental healthcare and treatment under sub-section (1) of section 4; 

(b) provision of half-way homes, sheltered accommodation and supported accommodation under 

clause (b) of sub-section (4) of section 18; 

(c) hospitals and community based rehabilitation establishment and services under clause (d) of 

sub-section (4) of section 18; 

(d)  basic  medical  records  of  which  access  is  to  be  given  to  a  person  with  mental  illness  under  

sub-section (1) of section 25; 

(e) custodial institutions under sub-section (2) of section 27; 

(f)  the  form  of  application  to  be  submitted  by  the  mental  health  establishment  with  the 
undertaking that the mental health establishment fulfils the minimum standards, if any, specified by 
the Authority, under the Explanation to sub-section (2) of section 65; 

(g) the form of certificate of registration under sub-section (3) of section 65; 

(h) the form of application, the details, the fees to be accompanied with it under sub-section (1) of 

section 66; 

(i) the form of certificate of provisional registration containing particulars and information under 

sub-section (4) of section 66; 

(j) the fees for renewal of registration under sub-section (11) of section 66; 

(k) the  person  or  persons (including  representatives  of  the local community)  for  the  purpose  of 
conducting an audit of the registered mental health establishments under sub-section (1) and fees to 
be charged by the Authority for conducting such audit under sub-section (2) of section 67; 

(l)  the  person  or  persons for  the  purpose of conducting  and  inspection  or inquiry  of  the  mental 

health establishments under sub-section (1) of section 68; 

(m) the manner to enter and search of a mental health establishment operating without registration 

under sub-section (6) of section 68; 

(n) the fees for issuing a duplicate certificate under sub-section (2) of section 70; 

(o)  the  form  and  manner  in  which  the  Authority  shall  maintain  in  digital  format  a  register  of 
mental health establishments, the particulars of the certificate of registration so granted in a separate 
register to be maintained under section 71; 

(p) constitution of the Boards under sub-section (3) of section 73; 

(q) the honorarium and other allowances payable to, and the other terms and conditions of service 

of, the chairperson and members of the Board under sub-section (3) of section 75; 

49 

 
(r)  method,  modalities  and  procedure  for  transfer  of  prisoners  under  sub-section  (2)  of                 

section 103; 

(s) the standard and procedure to which the Central or State Health Authority shall confirm under 

sub-section (6) of section 103; 

(t) the form for furnishing periodical information under section 110; and 

(u) any other matter which is required to be, or may be, specified by rules or in respect for which 

provision is to be made by rules. 

122.  Power  of  Central  Authority  to  make  regulations.—(1)  The  Central  Authority  may,  by 
notification, make regulations, consistent with the provisions of this Act and the rules made thereunder, 
to carry out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  regulations 

may provide for all or any of the following matters, namely:— 

(a) manner of making an advance directive under section 6; 

(b)  additional  regulations,  regarding  the  procedure  of  advance  directive  to  protect  the  rights  of 

persons with mental illness under sub-section (3) of section 12; 

(c)  the  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service 
(including the qualifications, experience and manner of appointment) of, the chief executive officer 
and other officers and employees of the Central Authority under sub-section (3) of section 40; 

(d) the times and places of meetings of the Central Authority and rules of procedure in regard to 
the transaction of business at its meetings (including quorum at such meetings) under sub-section (1) 
of section 44; 

(e)  the  minimum  standards  of  facilities  and  services  under  clause  (a)  of  sub-section  (4)  of          

section 65; 

(f)  the  minimum  qualifications  for  the  personnel  engaged  in  mental  health  establishment  under 

clause (b) of sub-section (4) of section 65; 

(g)  provisions  for  maintenance  of  records  and  reporting  under  clause  (c)  of  sub-section  (4)  of 

section 65; 

(h) any other conditions under clause (d) of sub-section (4) of section 65; 

(i)  categories  of  different  mental  health  establishment  under  clause  (a)  of  sub-section  (5)  of 

section 65; 

(j)  the  form  of  application  to  be  made  by  the  mental  health  establishment  and  the  fees  to  be 

accompanied with it under sub-section (12) of section 66; 

(k) manner of submitting evidence under sub-section (13) of section 66; 

(l) the manner of filing objections under sub-section (14) of section 66; 

(m)  the  time  and  places  and  rules  of  procedure  in  regard  to  the  transaction  of  business  at  its 

meetings to be observed by the Central Authority and the Board under section 87; 

(n) regulations under sub-section (2) of section 96 and under sub-section (8) of section 97; 

(o) any other matter which is required to be, or may be, specified by regulations or in respect of 

which provision is to be made by regulations. 

123. Power of State Authority to make regulations.—(1) The State Authority may, by notification, 
make regulations, consistent with the provision of this Act and the rules made thereunder, to carry out 
the provisions of this Act. 

50 

 
(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  regulations 

may provide for all or any of the following matters, namely:— 

(a) the minimum quality standards of mental health services under sub-section (9) of section 18; 

(b)  the  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service 
(including the qualifications, experience and manner of appointment) of the chief executive officer 
and other officers and employees of the State Authority under sub-section (3) of section 52; 

(c)  the  manner  in  which  the  State  Authority  shall  publish  the  list  of  registered  mental  health 

professionals under clause (d) of sub-section (1) of section 55; 

(d) the times and places of meetings of the State Authority and rules of procedure in regard to the 
transaction of business at its meetings (including quorum at such meetings) under sub-section (1) of 
section 56; 

(e)  the  form  of  application  to  be  made  by  the  mental  health  establishment  and  the  fees  to  be 

accompanied with it under sub-section (12) of section 66; 

(f) the manner of filing objections under sub-section (14) of section 66; 

(g) any other matter which is required to be, or may be, specified by regulations or in respect of 

which provision is to be made by regulations. 

124. Laying of rules and regulations.—(1) Every rule made by the Central Government and every 
regulation made by the Central Authority under this Act shall be laid, as soon as may be after it is made, 
before each House of Parliament while it is in session, for a total period of thirty days which may be 
comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in  making 
any  modification  in  the  rule  or  regulation,  as  the  case  may  be,  or  both  Houses  agree  that  the  rule  or 
regulation,  as  the  case  may  be,  should  not  be  made,  the  rule  or  regulation,  as  the  case  may  be,  shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 
that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything 
previously done under that rule or regulation, as the case may be. 

(2)  Every  rule  made  by  the  State  Government  and  every  regulation  made  by  the  State  Authority 
under  this  Act  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  each  House  of  the  State 
Legislature where it consists of two Houses, or where such Legislature consists of one House, before 
that House. 

125. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this  Act,  the  Central  Government  may,  by  order,  published  in  the  Official  Gazette,  make  such 
provisions, not inconsistent with the provisions of this Act, as may appear to be necessary or expedient 
for removing the difficulty: 

Provided that no order shall be made under this section after the expiry of two years from the date of 

commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

126. Repeal and saving.—(1) The Mental Health Act, 1987 (14 of 1987) is hereby repealed. 

(2) Notwithstanding such repeal, — 

(a)  anything  done  or  any  action  taken  or  purported  to  have  been  done  or  taken  (including  any 
rule, notification, inspection, order or declaration made or any document or instrument executed or 
any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act 
shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done 
or taken under the corresponding provisions of this Act; 

51 

 
(b) the Central Authority for Mental Health Services, and the State Authority for Mental Health 
Services  established  under  the  repealed  Act  shall,  continue  to  function  under  the  corresponding 
provisions of this Act, unless and until the Central Authority and the State Authority are constituted 
under this Act; 

(c)  any  person  appointed  in  the  Central  Authority  for  Mental  Health  Services,  or  the  State 
Authority for Mental Health Services or any person appointed as the visitor under the repealed Act 
and  holding  office  as  such  immediately  before  the  commencement  of  this  Act,  shall,  on  such 
commencement continue to hold their respective offices under the corresponding provisions of this 
Act, unless they are removed or until superannuated; 

(d)  any  person  appointed  under  the  provisions  of  the  repealed  Act  and  holding  office  as  such 
immediately before the commencement of this Act, shall, on such commencement continue to hold 
his  office  under  the  corresponding  provisions  of  this  Act,  unless  they  are  removed  or  until 
superannuated; 

(e) any licence granted under the provisions of the repealed Act, shall be deemed to have been 
granted  under  the  corresponding  provisions  of  this  Act  unless  the  same  are  cancelled  or  modified 
under this Act; 

(f) any proceeding pending in any court under the repealed Act on the commencement of this Act 

may be continued in that court as if this Act had not been enacted; 

(g) any appeal preferred from the order of a Magistrate under the repealed Act but not disposed of 
before the commencement of this Act may be disposed of by the court as if this Act had not been 
enacted. 

(3) The mention of the particular matters in sub-section (2) shall not be held to prejudice or affect the 
general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect 
of repeal. 

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